Wall v. Wilson
Supreme Court of Louisiana
APFEAL FROM THE COURT OF THE FIRST DISTRICT. By the 4th section of an act passed on the 25th March; 1828, it is provided, “ That in all cases where attachments, arrests and sequestrations, are demandable, the plaintiff,' his agent or attorney, having made affidavit, and given bond in conformity to law, and having filed the same in court, it shall be the duty of the clerk to issue, forthwith, the process required, without any petition being then presented; but that the usual…
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APFEAL FROM THE COURT OF THE FIRST DISTRICT. By the 4th section of an act passed on the 25th March; 1828, it is provided, “ That in all cases where attachments, arrests and sequestrations, are demandable, the plaintiff,' his agent or attorney, having made affidavit, and given bond in conformity to law, and having filed the same in court, it shall be the duty of the clerk to issue, forthwith, the process required, without any petition being then presented; but that the usual petition shall be filed on the succeeding day, and the sheriff shall proceed immediately to execute the same, according…
1Opinion of the CourtPorter, J.
The plaintiff made oath to the existence of the debt for which suit is brought, and further stated, that the defendant was about to remove from the State, without leaving in it sufficient property to satisfy the petitioner’s demand. On filing the petition with this affidavit annexed, an order of arrest issued, and the defendant was taken into custody. *171He gave bond with security, that he would not depart from the State without leave of the court; or that he would pay the judgment which might be rendered against him.
Although a party be arrested and held to bail, service of the petition and…
2Cited by2 opinions
- Nationwide Acceptance Co. v. AlexisLouisiana Court of Appeal · 1967
- Bean v. Mississippi Union BankSupreme Court of Louisiana · 1843