David v. Hearn
Supreme Court of Louisiana
The defendant, pendente lite, became insolvent and obtained a stay of proceedings; no answer being filed the plaintiff took judgment. Creditors are to take their ranks, according to the dignity of their respective debts, at the declaration of the insolvency. The plaintiff cannot, by any act of his, ripen his debt into a more priviledged one. As syndics are not yet appointed, the defendant notwithstanding the cession remains the representative of the property ceded.
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The defendant, pendente lite, became insolvent and obtained a stay of proceedings; no answer being filed the plaintiff took judgment. Creditors are to take their ranks, according to the dignity of their respective debts, at the declaration of the insolvency. The plaintiff cannot, by any act of his, ripen his debt into a more priviledged one. As syndics are not yet appointed, the defendant notwithstanding the cession remains the representative of the property ceded. This ease differs from Dimes vs. Estevan, ante 192. The stay of proceedings prevents any interference with the person or property…
1Opinion of the Court
By the Court.
This case cannot be distinguished, from the one cited. No suit can be carried on without parties. The defendant was civiliter mortuus. The plaintiff was the only party.
Judgment set aside.
2Cited by2 opinions
- Clossman v. BarbanceySupreme Court of Louisiana · 1842
- Marsh v. MarshSupreme Court of Louisiana · 1844