Levistones v. Claiborne
Supreme Court of Louisiana
Appeal from the City Court of New Orleans, Collens, J. The petition alleges, that Claiborne, as Marshal of the City Court, had wrongfully seized, under a Ji. fa. issued at the suit'of his co-defendant Whiting, against one Gottschalk, five post notes of $100 each, issued by one of the municipalities of the city of New Orleans ; that the notes are the property of the petitioner, who had, some months before the seizure, furnished Gottschalk with certain bank and municipality…
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Appeal from the City Court of New Orleans, Collens, J. The petition alleges, that Claiborne, as Marshal of the City Court, had wrongfully seized, under a Ji. fa. issued at the suit'of his co-defendant Whiting, against one Gottschalk, five post notes of $100 each, issued by one of the municipalities of the city of New Orleans ; that the notes are the property of the petitioner, who had, some months before the seizure, furnished Gottschalk with certain bank and municipality notes, and other money, to be employed by the latter on the petitioner’s account and at his risk, in the business of money…
1Opinion of the CourtMartin, J.
The defendant Claiborne, as Marshal of the City Court, having levied a fi. fa., which had been issued on a judgment which his co-defendant Whiting had obtained against Gottschalk, on a number of municipality notes, claimed by the present plaintiff as his own, this suit was brought, and an injunction was obtained to stay the sale of the notes; and the defendant Whiting is appellant from a judgment perpetuating the injunction, and decreeing that the notes be returned to the plaintiff. The court, in our opinion, erred. The testimony may, perhaps, show that the plaintiff was the owner of the…
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