Legal Opinion

Duncan v. Wise

Supreme Court of Louisiana

Decided January 15, 1887No. 9663Published

APPEAL from the Ninth District Court, Parish of Tensas. Young, J. 1. To sustain a sequestration, the question is not what the friends and neighbors of defendant thought or believed he would do, but what had the plaintiff a right to believe the defendant was doing and would continue to do, from his own acts, declarations and tacit admissions.

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APPEAL from the Ninth District Court, Parish of Tensas. Young, J. 1. To sustain a sequestration, the question is not what the friends and neighbors of defendant thought or believed he would do, but what had the plaintiff a right to believe the defendant was doing and would continue to do, from his own acts, declarations and tacit admissions. Allen, Nugent & Co. vs. Champlin, 32 Ann. 515; Portle vs. Price, 31 Ann. 363, 2 A writ of sequestration is a lawful act, and in event of failure there should be no dam - ages arder the ordinary rule, and in no case should the damages exceed the actual and…

1Opinion

On Rehearing.

Fenner, J.

The only question open for our consideration under the terms of our order granting a rehearing is; Whether the plaintiff hap cut off his right to ask a reversal of the judgment rendered against him on the reconventional demand of defendant because he has '• acquiesced in the same by executing it voluntarily." C. P. art. 567.

What are the facts

Plaintiff recovered a judgment against defendant for (say) $15,000, and, in the same decree, defendant recovered a judgment against plaintiff for $5400.

Defendant appealed devolutively from the whole decree, thus bringing before us…

2Cases cited3 opinions

  1. Gove v. KendigSupreme Court of Louisiana · 1843
  2. Hanna v. BartletteSupreme Court of Louisiana · 1845
  3. Ex Parte GoodwinSupreme Court of Louisiana · 1845

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