Cooper v. Hodge
Supreme Court of Louisiana
Appeal from the commercial court of New Orleans. This comes up under a proceeding against the surety in a bail bond. The defendant, M. Hunt, had been arrested and held, to bail.
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Appeal from the commercial court of New Orleans. This comes up under a proceeding against the surety in a bail bond. The defendant, M. Hunt, had been arrested and held, to bail. Judgment was rendered against him upon which a fieri facias issued and was returned no property found; a capias ad satisfaciendum had also issued and returned not found; but before the return day of the writ had expired, the law abolishing imprisonment for debt went into operation, which also abolished the capias. . The plaintiff now took a rule on the bail to show cause why he should not be made responsible for the…
1Opinion of the CourtMartin, J.
The plaintiff is appellant from a judgment discharging a rule which he had obtained in order to render the defendant liable as the bail of M. Hunt, against whom the plaintiff had obtained judgment, and caused to be [478] issued writs of fieri facias and capias ad satisfaciendum, on which the sheriff returned nulla bona and non est inventus.
The appellee’s counsel has contended that his client was released from any obligation resulting from the bail bond, by the act abolishing imprisonment for debt, approved the 28th March, 1840, and promulgated the 16th April, following. The capias was issued…
2Cases cited1 opinion
- State v. JohnsonSupreme Court of Louisiana · 1838
3Cited by11 opinions
- Segura v. FrankSupreme Court of Louisiana · 1994
- Fullilove v. US Casualty Company of New YorkLouisiana Court of Appeal · 1961
- Dripps v. DrippsSupreme Court of Louisiana · 1979
- Hymel v. Central Farms & Shipping Co.Supreme Court of Louisiana · 1935
- City of New Orleans v. RymanLouisiana Court of Appeal · 1955
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