Escurix v. Daboval
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE SECOND JUDICIAL DISTRICT. This is an action to recover damages, of the defendant, for false imprisonment of the plaintiff, under a writ of capias ad satisfaciendum, which was quashed, as having illegally issued. • The defendant, in the present suit, obtained a judgment against the now plaintiff, for a sum of money, and levied his execution on certain property of the latter, which was after-wards claimed by the wife of the defendant in execution,…
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APPEAL FROM THE COURT OF THE SECOND JUDICIAL DISTRICT. This is an action to recover damages, of the defendant, for false imprisonment of the plaintiff, under a writ of capias ad satisfaciendum, which was quashed, as having illegally issued. • The defendant, in the present suit, obtained a judgment against the now plaintiff, for a sum of money, and levied his execution on certain property of the latter, which was after-wards claimed by the wife of the defendant in execution, in virtue of her judgment and legal mortgage against the property of her husband, and the proceeds of the sale of the…
1Opinion of the CourtMartin, J.
In this case, the defendant has appealed from a judgment rendered on a verdict, in an action of false imprisonment.
He had obtained a judgment against the present plaintiff, and caused execution to be levied on some property, but the wife of the debtor procured an injunction to stay the proceeds of the sale of the property seized, in the sheriff’s hands, in order that it might be paid over to her in discharge of a judgment she had obtained against her husband. The judgment creditor took out an alias fieri facias, directed to the sheriff of another parish, and on the return of nulla bona, sued…
2Cited by4 opinions
- Hall v. R. B. Hawley & Co.Supreme Court of Louisiana · 1897
- Ketchum v. ThatcherMissouri Court of Appeals · 1882
- New Orleans Nat. Banking Ass'n v. AdamsU.S. Circuit Court for the District of Louisiana · 1876
- Cathey v. PouLouisiana Court of Appeal · 1934