Legal Opinion

Buck v. Blair

Supreme Court of Louisiana

Decided January 15, 1884No. 8859PublishedCited by 14 opinions

PPEAL from the Civil District Court for the Parish of Orleans. -C\. Houston, J. 1. A judgment is a litigious right as long as an action to annul it is pending. 2. An attorney-at-law who practices in the Court where such a judgment was rendered and where the action of nullity pends, cannot acquire it by transfer in settlement of an agreement to collect the same on a contingent fee of fifty per cent.

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PPEAL from the Civil District Court for the Parish of Orleans. -C\. Houston, J. 1. A judgment is a litigious right as long as an action to annul it is pending. 2. An attorney-at-law who practices in the Court where such a judgment was rendered and where the action of nullity pends, cannot acquire it by transfer in settlement of an agreement to collect the same on a contingent fee of fifty per cent. C. C. Art. 24, 2447. 3. After a dissolution of a commercial firm, each and every partner must be cited individually ; and a judgment rendered upon a citation, served after dissolution, on one of…

1Opinion of the Court

Tlie opinion of the Court was delivered by

Poché, J.

This litigation grows out of the following facts and proceedings :

*18In the suit of Buck & Beauchamp vs. Blair & Buck, judgment by default was rendered, in June, 1871, against the defendants as partners and personally, in the sum of $11, 816 43.

In October, 1875, Sam’l H. Buck filed a suit in nullity of said judgment, alleging want of citation, want of authority in the counsel who appeared in his behalf and urging his discharge in bankruptcy; which suit is yet undecided.

In 1878, Buck negotiated a compromise of said judgment, which was transferred…

2Cited by14 opinions

  1. Hope v. MadisonSupreme Court of Louisiana · 1940
  2. O'ROURKE v. CairnsSupreme Court of Louisiana · 1996
  3. Laenger v. LaengerSupreme Court of Louisiana · 1915
  4. Maher v. City of New OrleansDistrict Court, E.D. Louisiana · 1974
  5. Wells v. GossSupreme Court of Louisiana · 1903

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