Stanbrough v. Scott
Supreme Court of Louisiana
The defendant, Lillard, having obtained a judgment in the District Court for the parish of Madison, before Tenney, J., against David Stanbrough, certain slaves were seized by Scott to satisfy a fieri facias issued on that suit, and directed to him as sheriff of the parish of Madison. The plaintiff prayed for an injunction against any further proceedings by the defendants, alleging the slaves to he his'property.
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The defendant, Lillard, having obtained a judgment in the District Court for the parish of Madison, before Tenney, J., against David Stanbrough, certain slaves were seized by Scott to satisfy a fieri facias issued on that suit, and directed to him as sheriff of the parish of Madison. The plaintiff prayed for an injunction against any further proceedings by the defendants, alleging the slaves to he his'property. The petition was addressed to the district judge for the parish of Madison ; and the affidavit declared ‘ that the allegations set forth in the petition are true and in his opinion…
1Opinion of the CourtBullard, J.
Lillard having recovered a judgment against David - Stanbrough and others, caused a writ of fieri facias to be issued, which was levied by the sheriff upon certain slaves. Thereupon Jesse Stanbrough obtained an injunction to stay proceedings, on the allegations that the slaves seized were his property, and in his possession, and that his title to said slaves had been duly recorded.
The defendants moved to dissolve the injunction upon the following grounds: 1st. The affidavit is insufficient as it only attests the allegations of the petition, and does not attest that the fads set forth in the…
2Cited by2 opinions
- Hibernia Bank & Trust Co. v. WhitneySupreme Court of Louisiana · 1912
- Gladding v. United StatesUnited States Court of Claims · 1902