Green v. Garcia
Supreme Court of Louisiana
APPEAL from the Fifth District Court of New Orleans, Buchanan, J. Where an attachment is set aside the plaintiff in the attachment is alone bound for- the costs. O. P. 549, 650. 7 Rob. 77. 10 Rob. 148. 1 Pickering, 57. Interest may be allowed under a prayer for general relief. The sheriff had a right to retain the property attached until reimbursed all the necessary expenses incurred in its safe keeping.
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APPEAL from the Fifth District Court of New Orleans, Buchanan, J. Where an attachment is set aside the plaintiff in the attachment is alone bound for- the costs. O. P. 549, 650. 7 Rob. 77. 10 Rob. 148. 1 Pickering, 57. Interest may be allowed under a prayer for general relief. The sheriff had a right to retain the property attached until reimbursed all the necessary expenses incurred in its safe keeping. C. C. 3191, 3192. No interest should have been allowed : first, because the action was one for unliquidated damages (7 La. 134, 599. 13 La. 2/1. C. P. 554); secondly, because there is no…
1Opinion of the Court
The judgment of the court was pronounced by
Rost, J.
This is an action for damages against a sheriff, for refusing to restore to the plaintiff property which had been attached, after the dissolution of the attachment, in consequence of which refusal it is alleged that the property was lost. The answer denies the allegations of the petition; avers that the property was unsound when levied upon ; that it was in part disposed of by the plaintiff, after the attachment; and that the plaintiff, having taken upon himself the care of it, has no recourse against others. This case was tried three times…
2Cited by2 opinions
- Ortolano v. Morgan's L. & T. R. & S. S. Co.Supreme Court of Louisiana · 1903
- Brown v. CourtneyLouisiana Court of Appeal · 1953