State v. Judge of the Fourth District Court ex rel. Bellocq, Noblom & Co.
Supreme Court of Louisiana
APPEAL from the Fourth District Court of New Orleans, — The only question presented in this Court for adjudication, is whether a final judgment on a rule taken by defendants in execution to compel the. Sheriff to seize property pointed out by them, in preference to property pointed out by the plaintiff in execution is appealable, or whether the remedy is to enjoin this judgment.
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APPEAL from the Fourth District Court of New Orleans, — The only question presented in this Court for adjudication, is whether a final judgment on a rule taken by defendants in execution to compel the. Sheriff to seize property pointed out by them, in preference to property pointed out by the plaintiff in execution is appealable, or whether the remedy is to enjoin this judgment. All other questions are waived ; and should your Honor determine, as the District Judge, that an injunction, and not an appeal, is the remedy in such a case, then our application for a mandamus must fail. The matter…
1Opinion of the CourtLabatjve, J.
B. Bellocq, Auguste Noblom and Pierre Boy, defendants in execution, in the suit of Mrs. O. Gayarré against them, in the Fourth District Court, state that, on executing the writ of fi. fa., the Sheriff proceeded, at the instance of the plaintiff, to seize property, real and personal, disregarding the debtor’s right to point out property. That a rule was taken upon the Sheriff to restrain him; and that, upon a final trial of said rule on a new trial, the Judge had ordered that the relator’s property, which had been seized, should remain in the custody of the law until the Sheriff should have…
2Cases cited1 opinion
- Clark v. JudsonNew York Supreme Court · 1847