Egan v. Fush
Supreme Court of Louisiana
PPEAL from the Oivil District Court for the Parish of Orleans. Ellis, J. Objections to a writ of sequestration must be specially pleaded anda defendant can not advance new objections on appeal.
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PPEAL from the Oivil District Court for the Parish of Orleans. Ellis, J. Objections to a writ of sequestration must be specially pleaded anda defendant can not advance new objections on appeal. Wells vs. St. Dizier, 9 An. 119. One having a special mortgage or privilege upon property can, for-proper cause, sequester same before the maturity of his.debt. 14 La. 581; 17 La. 209; 4 An. 184; 23 An. 578; 23 An. 612. Where a creditor has a special privilege upon particular property he-is entitled to sequester same upon merely swearing that he fears the removal, etc., of same. O. P. 275; 40 An. 825.…
1Opinion of the Court
The opinion of the court was delivered by
Watkins, J.
Suit was filed on the 23d of February, 1893, upon a ¡promissory note maturing on the 18th of March following, accompanied by a writ of sequestration.
On the 27th of February following, the defendant moved to dissolve the sequestration upon two grounds, to-wit:
First, that the allegations of the petition are untrue.
Second, that the debt sued on was not due at date of suit.
On the 2d of March thereafter, defendant filed an exception of prematurity and no cause of action.
On the 9th of March the plaintiff filed a supplemental petition, ¡setting up…
2Cases cited3 opinions
- Ristine v. RistineSupreme Court of Pennsylvania · 1834
- Neilson v. PoolSupreme Court of Louisiana · 1841
- Clark v. GloverSupreme Court of Louisiana · 1840
3Cited by3 opinions
- Daly v. Opelousas Ins. Agency, Inc.Supreme Court of Louisiana · 1934
- Boimare v. St. GemeSupreme Court of Louisiana · 1904
- Heirs of Trías Silva v. Porto Rico Leaf Tobacco Co.Supreme Court of Puerto Rico · 1936