Legal Opinion

Fallin v. J. J. Stovall & Sons, Ltd.

Supreme Court of Louisiana

Decided June 30, 1916No. 21799PublishedCited by 20 opinions

Appeal from Fifth Judicial District Court, Parish of Winn; Moss, Judge. Action by B. F. Fallin to enjoin proceedings by J. J. Stovall & Sons, Limited, on a writ of scire facias in execution, in which plaintiff’s father intervened, claiming ownership of part of the property seized. Judgment for plaintiff condemning defendant to pay attorney’s fees, motion for new trial overruled, and defendant appeals, and plaintiff, answering, prayed that the award in his favor be increased.

1Opinion of the Court

Statement of the Case.

MONROE, C. J.

Defendant, having obtained judgment against plaintiff, caused execution to issue, by virtue whereof the sheriff seized, as the property of plaintiff, and on his premises, one mule, 700 pounds of seed cotton, and seven acres of peanuts hanging by the roots, also, on the premises of plaintiff’s father, one bale of lint cotton. Plaintiff thereupon filed a sworn petition alleging that the property seized which he specified belonged to him, and that the mule and peanuts were not subject to seizure, and praying that the sheriff be enjoined from further proceeding…

2Cited by20 opinions

  1. Andrepont v. Acadia Drilling Co.Supreme Court of Louisiana · 1969
  2. General Motors Acceptance Corp. v. MeyersSupreme Court of Louisiana · 1980
  3. De Moss v. SampleSupreme Court of Louisiana · 1918
  4. Escat v. National Bank of Commerce in New OrleansLouisiana Court of Appeal · 1973
  5. Lighting Fixture S. Co. v. Pacific Fire Ins. Co.Supreme Court of Louisiana · 1932

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