Dorr v. Kershaw
Supreme Court of Louisiana
APÍEAL PROM THE COMMERCIAL COURT OP NEW ORLEANS. This is an action against the drawee and acceptor of a hill of exchange, in which 69 bales of cotton are attached. The defendant bonded the property. M. Flourney intervened and claimed the cotton attached. The court refused,to hear evidence on or entertain the intervention,- because the defendant had bonded the cotton. There was judgment for the plaintiffs, and dismissing the petition of intervention.
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APÍEAL PROM THE COMMERCIAL COURT OP NEW ORLEANS. This is an action against the drawee and acceptor of a hill of exchange, in which 69 bales of cotton are attached. The defendant bonded the property. M. Flourney intervened and claimed the cotton attached. The court refused,to hear evidence on or entertain the intervention,- because the defendant had bonded the cotton. There was judgment for the plaintiffs, and dismissing the petition of intervention. The intervenor appealed. . 1. The defendant has not appealed. The judgment against him has become final and cannot now be examined The appellant…
1Opinion of the CourtMorphy, J.
M. Fkrarney is appellant from a judgment dismissing his intervention in this suit, wherein 69 bales of cotton which he c^a™s as property, had been attached and bonded by de-fendarat under article 259 of the Code of Practice. It does not appear to us that the judge below erred. The attachment having been dissolved by the giving of a bond conditioned as ^aw requires, the cotton was no longer under the control 0f the court, and the intervenor’s claim should have been directed against the person in possession of his property; the condition of the bond entered into by defendant was not to hold the…
2Cited by7 opinions
- Miller v. LondonMassachusetts Supreme Judicial Court · 1936
- Beal v. AlexanderSupreme Court of Louisiana · 1842
- Wright, Williams & Co. v. WhiteSupreme Court of Louisiana · 1859
- Beal v. AlexanderSupreme Court of Louisiana · 1844
- Lemann v. TruxilloSupreme Court of Louisiana · 1880
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