Legal Opinion

Sanford v. Pyne

Supreme Court of Louisiana

Decided April 15, 1839PublishedCited by 1 opinion

APPEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW-ORLEANS. In this case an appeal was taken from an order of the judge a quo, setting aside an order of arrest. This is an action to recover the sum of seven hundred and forty-three dollars, with interest due to the plaintiffs, who, together with the defendants, reside in the state of Alabama.

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APPEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW-ORLEANS. In this case an appeal was taken from an order of the judge a quo, setting aside an order of arrest. This is an action to recover the sum of seven hundred and forty-three dollars, with interest due to the plaintiffs, who, together with the defendants, reside in the state of Alabama. One of the defendants was arrested and held to bail on the following affidavit: “W. M. Goodrich, agent of the plaintiffs, being sworn, deposes that Pyne, one of the commercial firm of Pyne and Huntington, is justly indebted to said plaintiffs,…

1Opinion of the CourtRost, J.

This is an appeal from a judgment of the Parish Court, discharging the order of arrest previously given in the suit.

That order was obtained on the affidavit of the plaintiffs’ agent, who swore to the indebtedness of the defendants, and *306that he verily believed that Pyne, one of them, was about to remove from the state, without leaving in it sufficient property to satisfy the plaintiffs’ claim.

Upon the motion to set aside the order of arrest, the agent, called in as a witness, declared on oath, that he was informed of the facts to which he swore, by a Mr. Henry, a friend of the plaintiffs, in…

2Cited by1 opinion

  1. Banchor ex rel. Cheever v. BellSupreme Court of Louisiana · 1842

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