Legal Opinion

Shields v. Perry

Supreme Court of Louisiana

Decided December 15, 1840PublishedCited by 3 opinions

APPEAL FROM THE COMMERCIAL COURT OF NEW-ORLEANS. This suit was instituted by attachment the 27th November, 1838, and the petition filed the next day.

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APPEAL FROM THE COMMERCIAL COURT OF NEW-ORLEANS. This suit was instituted by attachment the 27th November, 1838, and the petition filed the next day. The plaintiffs allege that they are the holders and owners of four promissory notes for one thousand one hundred and sixty-seven dollars thirty-five cents, signed by Samuel Perry & Co., to the order of and endorsed by James H. M'Clure, negotiable and payable at the Canal Bank, in New-Orleans, and all of them due and protested for non-payment. They pray for judgment, and that property of the defendants be attached. The sheriff attached and took…

1Opinion of the CourtSimon, J.

On the 27th of November, 1838, plaintiffs sued out a writ of attachment, which was levied on the steam-boat Echo, as the property of the defendant M'CIure. On the 6th December ensuing, Edwards intervened, claiming the ownership and possession of the boat, and prayed that the attachment be set aside, and that the boat be restored to his possession as-his property. There was judgment in his favor in the court below, and the plaintiffs appealed.

We have first to notice a bill of exceptions taken to the opinion of the lower court, permitting the intervenor to prove that the ownership of the…

2Cited by3 opinions

  1. City of Natchitoches v. StateLouisiana Court of Appeal · 1969
  2. Bell v. Firemen's InsuranceSupreme Court of Louisiana · 1843
  3. Johnson Iron Works v. MoockLouisiana Court of Appeal · 1908

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