Austin v. Latham
Supreme Court of Louisiana
EASTERN DlS* APPEAL FROM THE COMMERCIAL COURT OF NEW ORLEANS. This is an action against the endorser of a promissory note, grounded on an attachment. The defendant set up several matters in defence. There was judgment against him and he appealed.
1Opinion of the CourtGarland, J.
This is an action by the holders of a promissory note against the payee as endorser, commenced by attachment, which was levied on the defendants’s interest in the Brig Cuba. A few days after filing the petition, the defendant took a rule on the plaintiffs to show cause why the attachment should not be set aside :
1st. Because the affidavit made by the plaintiffs’ attorney did not state whether it was taken as agent or attorney in fact of said plaintiffs.
Where the attorney a’t law makes the affidavit for an attachment, he need not state that he is attorney in fact. If the pleadings state the…
2Cases cited1 opinion
- Edson v. JacobsSupreme Court of Louisiana · 1840
3Cited by3 opinions
- Fremont Cultivator Co. v. FultonIndiana Supreme Court · 1885
- Stilley v. StilleySupreme Court of Louisiana · 1868
- Lea v. TerrySupreme Court of Louisiana · 1868