Ludeling v. Chaffe
Supreme Court of Louisiana
APPEAL from the Fifth District Court, Parish of Ouachita. W. F. Millsop, Judge ad hoc. In a motion to revive a judgment against a person since deceased, and who had made a surrender in bankruptcy, the assignee is the proper person to cite.
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APPEAL from the Fifth District Court, Parish of Ouachita. W. F. Millsop, Judge ad hoc. In a motion to revive a judgment against a person since deceased, and who had made a surrender in bankruptcy, the assignee is the proper person to cite. Stackhouse vs. Zunts, 36 Ann. 529. Until an assignee or executor files his final account and is discharged, he still preserves his official function, though there may be no property to administer. 35 Ann. 1022. A motion to revive a judgment is not a new suit, but a mere continuance of a pending cause. A curator may therefore be legally appointed to…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
This is an injunction suit to restrain the execution of a judgment rendered against plaintiff and affirmed by this Court in a certain suit entitled J. & C. Chaffe vs. Ludeling, reported page 962 of 34th Annual Reports. J. & C. Chaffe were recorded judgment creditors of Mrs. E. C. Warfield, and the suit just referred to was a hypothecary action brought against Ludeling as third possessor of certain property claimed to be subject to their judicial mortgage, and judgment was asked recognizing their mortgage on the said property and decreeing it…
2Cited by9 opinions
- Succession of WhitnerSupreme Court of Louisiana · 1928
- Ludeling v. ChaffeSupreme Court of the United States · 1892
- Vicksburg, S. & P. R. v. TibbsSupreme Court of Louisiana · 1904
- Heine v. MuseLouisiana Court of Appeal · 1968
- Thornton v. PinckardSupreme Court of Alabama · 1908
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