Bres v. Booth
Supreme Court of Louisiana
APPEAL fom the District Court of Caldwell, Wilson, J. The affidavit is sufficient. Lea-venworihv. Plunkett, 7 La. 243. 1 Robinson, 531. 10 Ibid. 147, 152. If the surety was insufficient, plaintiff should have been allowed to substitute another. 1 Mart. N. S. 185. 6 Ibid. N. S. 673. 10 La. 447. 3 Rob. 440. 9 Ibid. 55. If sufficient grounds appear on the face of the papers to authorize a new sequestration, the first should not be set aside. 3 Mart. N. S. 481. 7 Ibid.
Read the full summary
APPEAL fom the District Court of Caldwell, Wilson, J. The affidavit is sufficient. Lea-venworihv. Plunkett, 7 La. 243. 1 Robinson, 531. 10 Ibid. 147, 152. If the surety was insufficient, plaintiff should have been allowed to substitute another. 1 Mart. N. S. 185. 6 Ibid. N. S. 673. 10 La. 447. 3 Rob. 440. 9 Ibid. 55. If sufficient grounds appear on the face of the papers to authorize a new sequestration, the first should not be set aside. 3 Mart. N. S. 481. 7 Ibid. N. S. 406. The affidavit was insufficient. 5 Mart. N. S. 43. 14 La. 267. 4 Rob. 462. The surety not residing within the…
1Opinion of the Court
The judgment of the court was pronounced by
Slidell, J.
The sequestration in this case was properly dissolved. 1st. *308Because the plaintiff did not set forth in his affidavit, either directly or by reference to the allegations of the petition, the facts which induce his apprehension that the mortgaged property will be removed, as required by the 6th clause of article 275 of the Code of Practice, which requisition, applicable to a case of this nature, we do not consider as dispensed with by the act of 1839, Clark v. Glover, 14 La. 266. 2d. Because the surety on the sequestration bond was not…
2Cases cited2 opinions
- Clark v. GloverSupreme Court of Louisiana · 1840
- Shepherd v. JonteSupreme Court of Louisiana · 1840