M'Manus v. West
Supreme Court of Louisiana
AEEEAL EROM THE COMMERCIAL COURT OE NEW ORLEANS. This suit”commenced by attachment, The defendant, West, is sued on his promissory note, and property attached in the hands of garnishees. A curator adhoc was appointed to represent the absent defendant who pleaded a general denial.
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AEEEAL EROM THE COMMERCIAL COURT OE NEW ORLEANS. This suit”commenced by attachment, The defendant, West, is sued on his promissory note, and property attached in the hands of garnishees. A curator adhoc was appointed to represent the absent defendant who pleaded a general denial. The garnishees answered, they had nothing in their hands belonging to West, at or since the service of the attachment; but that they had received 229 bales of cotton from him, 125 bales of which were sold before the attachment, and the remaining 104 bales they were directed to hold subject to the order of Benjamin…
1Opinion of the CourtMartin, J.
During the progress of this suit the counsel of the intervening party and appellant suggested the death of the plaintiff, and on his motion the court appointed a curator to the heirs of *42the deceased. The court then proceeded to judgment and decreed that the plaintiff, M‘Manus, recover from the defendant the amount of the note sued on, and that the property which had been attached be sold to satisfy the same; and dismissed the petition of intervention. The intervenor alone appealed; and cited both plaintiff and defendant.
As the plaintiff’s death was suggested, and not being denied it must be…
2Cited by2 opinions
- Bussy & Co. v. NelsonSupreme Court of Louisiana · 1878
- Greco v. ChristineLouisiana Court of Appeal · 1920