Smith v. Phillips

This litigation, in one form or another, has been before us twice before. Minden Hardware & Furniture Co. v. Smith, 165 La. 98, 115 So. 381; Smith v. Phillips, Sheriff, 168 La. 406, 122 So. 126. The present appeal is one by D. H. Smith, the plaintiff herein, from a judgment sustaining exceptions of no cause or right of action and misjoinder, directed against a rule, filed by Smith, for the restitution of certain moneys, paid by the sheriff to Wren & Turner and to the Webb Hardware & Furniture Company as part of the proceeds of a sheriff’s sale; the judgment of the district court, which made…