Legal Opinion

Wilson v. McHugh

Supreme Court of Louisiana

Decided May 15, 1830PublishedCited by 1 opinion

Appeal from the court of the parish and city of New-Orleans. The plaintiff alleged that he purchased of McHugh, a tavern establishment with its furniture, fixtures and stock. That he remained in possession thereof about five months, when during a temporary absence from the state, and while the establishment was in charge of his agent, McHugh topk forcible possession, and sold it to Sears, the other defendant.

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Appeal from the court of the parish and city of New-Orleans. The plaintiff alleged that he purchased of McHugh, a tavern establishment with its furniture, fixtures and stock. That he remained in possession thereof about five months, when during a temporary absence from the state, and while the establishment was in charge of his agent, McHugh topk forcible possession, and sold it to Sears, the other defendant. He prayed that the defendants be decreed to deliver up the establishment together with damages. The defendants pleaded the general issue. It appeared from the evidence, that Me-tt i t i…

1Opinion of the Court

Martin J.

delivered the opinion of the court. The plaintiff sets forth he purchased from the defendant McHugh, a tavern establishment with the furniture, fixtures and stock, and was put in possession thereof, and afterwards, in his absence, the said defendant illegally possessed himself of the premises, and sold and delivered them to the other defendant. The petition concludes with a prayer for damages.

The defendants severed in their pleas; they both pleaded the general issue; but the last defendant added thereto a plea of recon-vention.

There was a judgment of non-suit, and the plaintiff…

2Cited by1 opinion

  1. Gales v. ChristySupreme Court of Louisiana · 1849

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