City of New Orleans v. Gauthreaux
Supreme Court of Louisiana
^PPEAL from the Oivil District Court, parish of Orleans. Tissot,. Eirst — The effect of an attachment is to divest the possession, not the-ownership, of the debtor. As to the creditor, the only effect is to give him a privilege on the property attached, with right to be paid-by preference from its proceeds. 9 Rob. 375, Tyler’s case.
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^PPEAL from the Oivil District Court, parish of Orleans. Tissot,. Eirst — The effect of an attachment is to divest the possession, not the-ownership, of the debtor. As to the creditor, the only effect is to give him a privilege on the property attached, with right to be paid-by preference from its proceeds. 9 Rob. 375, Tyler’s case. Second — Partnership property cannot be seized for the individual debir of one of the partners. 21 An. 518 ; 27 An. 556 ; 11 R. 130 ; 3 An. 319. Nor can a partnership debt due a partnership. 10 An. 756 ; 3 An. 322 : 27 An. 556 : 11 R. 130. Third — A judgment…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
In the principal suit herein, the city of New Orleans, proceeding as a creditor of J. R. A. Gauthreaux, individually, obtained a writ of attachment, and caused to be seized thereunder the stock of goods and other contents of a grocery store, No. 48 Canal street, the business of which was carried on by W. H. Merkel, under the business name or style of “ W. H. Merkel.” It also garnisheed in the hands of Merkel all the rights, credits and property of Gauthreaux in the possession or under the control of Merkel.
Shortly after this seizure, Merkel…
2Cited by16 opinions
- Posey v. FargoSupreme Court of Louisiana · 1937
- Toelke v. ToelkeSupreme Court of Louisiana · 1923
- Brinson v. Monroe Automobile & Supply Co.Supreme Court of Louisiana · 1934
- Edco Properties v. LandryLouisiana Court of Appeal · 1979
- First Nat. Bank v. LagroneSupreme Court of Louisiana · 1927
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