C. & T. Schindler v. Smith, Bullins & Co.
Supreme Court of Louisiana
APPEAL from tho Third District Court of New Orleans, — “An attachment by such process can bo legally mado only in one of two ways, either by the actual seizure and detention of tho property of the debtor by the sheriff, or by garnishment process, that is, by tho servico of tho copy of petition, citation, order and interrogatories upon the garnishee. ” Welson v. Simpson, 9 An. 311. The statute of 1858, p. 178, provides that “no seizure shall bind any proliorty, money or…
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APPEAL from tho Third District Court of New Orleans, — “An attachment by such process can bo legally mado only in one of two ways, either by the actual seizure and detention of tho property of the debtor by the sheriff, or by garnishment process, that is, by tho servico of tho copy of petition, citation, order and interrogatories upon the garnishee. ” Welson v. Simpson, 9 An. 311. The statute of 1858, p. 178, provides that “no seizure shall bind any proliorty, money or effects, rights or claims- in tho- hands of a garnishoe, cither under procoss of attachment or fieri facias, unless service…
1Opinion of the CourtLabatjve, J.
The plaintiffs brought this suit on the 23d December, 1864, claiming of the defendants who are non-residents, the sum of $1,950, with interest, and garnisheeing at the same time, Bower, Garner & Harrison; citation, copy of petition, order of attachment and interrogatories were duly served on A. Bower, a member of said firm, on the 24th day of December, 1864, at twenty minutes after nine o’clock, A. M. On the 5th of January, 1865, in answering the interrogatories, they say :
“At the time of service of process herein, on our firm, to wit: on the 24th of December, 1864, we had no moneys, goods,…
2Cited by6 opinions
- Steen v. NortonWisconsin Supreme Court · 1878
- Insurance Co. of North America v. Friedman Bros.Texas Supreme Court · 1889
- State Ex Rel. Berry Asphalt Co. v. Western Surety Co.Supreme Court of Arkansas · 1954
- Goodwin v. Southern Kraft CorporationLouisiana Court of Appeal · 1942
- Nevian v. PoschingerIndiana Court of Appeals · 1900
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