Legal Opinion

Amato v. Ermann

Supreme Court of Louisiana

Decided May 6, 1895No. 11,782PublishedCited by 4 opinions

A PPEAL from the Twentieth Judicial District Court for the Parish ■i* of St. James. Guión, J. A number of laborers, creditors of one Auguste Servel, unite in a joint petition claiming amounts due them by Servel for wages for labor performed by them in his employ on his Golden Grove plantation, in the parish of St. James, from September, 1898, to February, 1894, in planting, winrowing and planting cane, and in harvesting and manufacturing into sugar the cane crop on said…

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A PPEAL from the Twentieth Judicial District Court for the Parish ■i* of St. James. Guión, J. A number of laborers, creditors of one Auguste Servel, unite in a joint petition claiming amounts due them by Servel for wages for labor performed by them in his employ on his Golden Grove plantation, in the parish of St. James, from September, 1898, to February, 1894, in planting, winrowing and planting cane, and in harvesting and manufacturing into sugar the cane crop on said plantation in the year 1893. That to secure the payment of their claims they have a privilege, under Art. 3217 of the Civil…

1Opinion of the Court

The opinion of the court was delivered by

Nicholls, C. J.

The first questions which arise are those respecting the jurisdiction of the two courts.

Ermann &0ahn, as mortgage creditors of Servel, seized under ex-ecutory proees, the plantation which was subject to their mortgage, together with all the mules, carts, agricultural implements thereon. At the time of the seizure of these parties, the movables, it would appear, were under seizure by the laborers, claiming a privilege through writs of provisional seizure. In view of an anticipated sale of the property and the realization of a fund…

2Cited by4 opinions

  1. Viley v. WallSupreme Court of Louisiana · 1923
  2. Burden v. Peoples' Homestead & Savings Ass'nLouisiana Court of Appeal · 1936
  3. Childs v. PruittSupreme Court of Louisiana · 1941
  4. Moresi v. ColemanSupreme Court of Louisiana · 1905

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