McRae v. Austin
Supreme Court of Louisiana
APPEAL from the Eifth District Court of New Orleans, Livingston, J. There was no property under the control or within the jurisdiction of the court, or upon which the judgment of the court could be made effective for the intervenor.
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APPEAL from the Eifth District Court of New Orleans, Livingston, J. There was no property under the control or within the jurisdiction of the court, or upon which the judgment of the court could be made effective for the intervenor. The property attached was released and the bond substituted for the property, for the purpose of satisfying any judgment that might be obtained by the plaintiffs, and no question of ownership or privilege on the property could be adjudicated : nor upon the bond, the condition being to pay or satisfy such judgment as should be rendered in the case then before it.…
1Opinion of the Court
Ogden, J. (Slidell, O. J., and Yoobhies, J., absent.)
The appellants were condemned as sureties on the bond given to release the attachment, in the suit between the same parties, just decided; the only ground of defence relied on, besides those which were considered in the other case, is that no inventory was made of the property attached, as required by Art. 257, O. P. We agree with the Judge of the court below, that as the attachment was dissolved by a bond being substituted for the property, this formality was waived and neither the defendant nor his sureties could make any exceptions to…
2Cited by1 opinion
- Honeycutt v. WhittenSupreme Court of Louisiana · 1923