Citizens' Bank v. Hancock
Supreme Court of Louisiana
APPEAL from the Third District Court for the Parish of Orleans. Mwu'oe, J. 1. Under the decision of the suit of Hancock vs. Citizens’ Bank, 32 An. 590, reserving the rights of the Bank to proceed by proper action, an ordinary suit with process of attachment, the defendant being a non-resident, is a proper action. Case of Purvis vs. Reed, quoted by defendant, not applicable to the case at bar. 2. The suit of Hapcock vs. Bank, 32 An. 590, was not tried on its merits.
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APPEAL from the Third District Court for the Parish of Orleans. Mwu'oe, J. 1. Under the decision of the suit of Hancock vs. Citizens’ Bank, 32 An. 590, reserving the rights of the Bank to proceed by proper action, an ordinary suit with process of attachment, the defendant being a non-resident, is a proper action. Case of Purvis vs. Reed, quoted by defendant, not applicable to the case at bar. 2. The suit of Hapcock vs. Bank, 32 An. 590, was not tried on its merits. The Bank’s plea of compensation was rejected and its rights reserved to proceed by proper action. 3. Judgment of the Court a qua…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
This is an appeal from a judgment dissolving an attachment levied on a judgment recovered by the defendant against the plaintiff in this Court in 1880. 32 An. 590.
Two grounds are relied upon for the dissolution: 1st, the insufficiency of the petition and affidavit; and 2d, the privileged, character of the claim seized.
First. The objections to the insufficiency of the proceeding consists in the description of the defendant’s residence as being in Eloyd County, Louisiana.
On the trial of the rule to dissolve, it was shown that this was a…
2Cases cited2 opinions
- Mills v. DuryeeSupreme Court of the United States · 1813
- Hampton v. M'connelSupreme Court of the United States · 1818
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- La Varre v. International Paper Co.District Court, E.D. South Carolina · 1929
- Payton v. ColarLouisiana Court of Appeal · 1987
- Agricultural Enterprises, Inc. v. MorganLouisiana Court of Appeal · 1962
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