Millaudon v. Foucher
Supreme Court of Louisiana
ATEEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW-ORLEANS. This suit commenced by attachment. The plaintiff filed his affidavit with the clerk, on the 9th of June, 1834, in which he swears, “that Antoine Foucher, junior, is fully indebted to him- in the sum of thirty-three thousand six-hundred dollars, and that said Foucher, has left the state of Louisiana, never again to return upon which a writ of attachment issued against all the property of the defendant.
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ATEEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW-ORLEANS. This suit commenced by attachment. The plaintiff filed his affidavit with the clerk, on the 9th of June, 1834, in which he swears, “that Antoine Foucher, junior, is fully indebted to him- in the sum of thirty-three thousand six-hundred dollars, and that said Foucher, has left the state of Louisiana, never again to return upon which a writ of attachment issued against all the property of the defendant. On the next day, the plaintiff filed his petition, alleging that he was the lawful holder of seven promissory notes, drawn…
1Opinion of the CourtBullard, J.
The view we have taken of the merits of the case, renders it unnecessary to examine the questions argued at the bar, touching the jurisdiction of the court under the plea of domicil.
None of the notes sued on vyere due according to their tenor at the inception of this suit, and the plaintiff in his affidavit swears only to the existence of the debt, and that the defendant has left the state never again to return. The act of 1826, amendatory of the Code of Practice, requires in cases where the debt is not yet due, the further averment under oath, that the defendant is about to remove his…
2Cited by6 opinions
- National Park Bank v. Concordia Land & Timber Co.Supreme Court of Louisiana · 1925
- Edwards v. Fidelity & Casualty Co.Louisiana Court of Appeal · 1929
- State National Bank v. New Orleans Brewing Ass'nSupreme Court of Louisiana · 1897
- Putnam v. President of the Grand Gulf Rail Road & Banking Co.Supreme Court of Louisiana · 1842
- Succession of GravoletSupreme Court of Louisiana · 1940
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