Legal Opinion

Leon Godchaux Co. v. Di Maggio

Supreme Court of Louisiana

Decided June 9, 1913No. 19,488PublishedCited by 7 opinions

Appeal from Civil District Court, Parish of Orleans; George H. Théard, Judge. Action by the Leon Godchaux Company, Limited, against Rosario Di Maggio. Plaintiff caused a writ of fieri facias to issue upon a judgment rendered in his favor, and persons claiming the property seized under such writ filed a third opposition. From a decree for the third opponents, plaintiff appeals.

1Opinion of the CourtBreaux, C. J.

Early in the 1900’s, plaintiff became the creditor of Rosario Di Maggio, the defendant. In the year 1911, it obtained a judgment against him. About five months prior to the date plaintiff obtained the judgment, defendant sold his property to his children of age and one of the lots to his stepson.

These lots were worth about $2,000. The purchasers executed their notes in favor of the vendor for the price, and no cash, and they assumed the payment of a mortgage resting upon the property.

The property was community till the death of Di Maggio’s wife in 1909.

The date of the marriage between…

2Cases cited3 opinions

  1. Pruyn v. YoungSupreme Court of Louisiana · 1899
  2. New Orleans Acid & Fertilizer Co. v. O. Guillory & Co.Supreme Court of Louisiana · 1906
  3. Willis v. ScottSupreme Court of Louisiana · 1881

3Cited by7 opinions

  1. Smith v. SmithSupreme Court of Louisiana · 1960
  2. Johnston v. BeardenLouisiana Court of Appeal · 1961
  3. Lane v. LaneLouisiana Court of Appeal · 1978
  4. First Nat. Bank of Ruston v. JonesSupreme Court of Louisiana · 1937
  5. Broussard v. BroussardLouisiana Court of Appeal · 1961

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