West v. His Creditors
Supreme Court of Louisiana
APPEAL- from the Fifth District Court of New Orleans, Buchanan, J. The plea of res judicata cannot be supported. The demand now made is not in the same capacity as that made in the former case. 2 Délvincourt, note 4 to p. 197. Pothier, Oblig. no. 198. 5 Toullier, no. 548, 492. 6-Mart, N. S. 252. T Ann. 31. Rogron, on Code Comm. art. 513. Cloutier v. Lecomte, 13 Mart. 481'. A sheriff’s or marshal’s return may be contradicted. 13 La. 342. 1 NewHamp.
Read the full summary
APPEAL- from the Fifth District Court of New Orleans, Buchanan, J. The plea of res judicata cannot be supported. The demand now made is not in the same capacity as that made in the former case. 2 Délvincourt, note 4 to p. 197. Pothier, Oblig. no. 198. 5 Toullier, no. 548, 492. 6-Mart, N. S. 252. T Ann. 31. Rogron, on Code Comm. art. 513. Cloutier v. Lecomte, 13 Mart. 481'. A sheriff’s or marshal’s return may be contradicted. 13 La. 342. 1 NewHamp. Rep. 68. 4 Rand. 189. Rochelle v. Cox, 5 La. 287. Singleton v. Smith, 4 La. 433. Comyn’s Dig. vol. 7, p. 2859 verbo Return. 8 La. 423. The U nited…
1Opinion of the Court
The judgment of' the court was pronounced &y
Rost, J.*
In the case of West v. His Creditors, 1 Annual R. 365, we refused to allow Francois Duplessis, Jr., a claim' of $2368, alleged to have been paid by him to the'United States fora custom-house bond of the insolvent, on which he was one of the sureties. The claim Was rejected on the ground’ that the evidence adduced in support of it, if admissible, went to show that the-payment had been made by the father of the claimant. The funds then in the' hands of the syndic were ordered to be distributed according'to the tableau annexed to the decree.…
2Cases cited2 opinions
- Lang v. Their CreditorsSupreme Court of Louisiana · 1840
- Lefevre v. Boniquet's SyndicsSupreme Court of Louisiana · 1818
3Cited by13 opinions
- Hope v. MadisonSupreme Court of Louisiana · 1940
- Scurlock Oil Company v. Getty Oil CompanySupreme Court of Louisiana · 1974
- Lloveras v. ReichertSupreme Court of Louisiana · 1941
- McNeal v. State Farm Mutual Automobile Ins. Co.Supreme Court of Louisiana · 1973
- Lamana v. LeBlancSupreme Court of Louisiana · 1988
8 more not listed; retrieve them via the Exa API.