Nimick v. Louisiana Tehuantepec Co.

The present contest is between two subsequent attacking creditors, the Merchants’ Bank of New Orleans and the Louisiana State Bank, and the case presents a single question of law for our determination, and that is whether a vessel employed in navigation, in and out of the waters ef the State, is liable to an attachment while the debt is not yet due.

The articles 242, 243 and 244 of the Code of Practice, as amended by the Act of 1826, p. 170, sec. 7, authorize, in general terms, the issuing- of the writ, whether the obligation be due or not.

It is however contended, that vessels and steamboats,…