Legal Opinion

Gibson v. Huie

Supreme Court of Louisiana

Decided October 15, 1839PublishedCited by 3 opinions

Western Dist. . ON A REHEARING. A rehearing in this cause having been granted, it now came up for a second trial. Huie, asked and' obtained a rehearing on the following grounds : 1st. That he had no interest in the note attached, as was fully shown on,the trial in the court below, sustained by the verdict of the jury, showing the same to have belonged to Diggs, and which verdict has been also sustained by the Supreme Court, from which it follows, that, as he had no property…

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Western Dist. . ON A REHEARING. A rehearing in this cause having been granted, it now came up for a second trial. Huie, asked and' obtained a rehearing on the following grounds : 1st. That he had no interest in the note attached, as was fully shown on,the trial in the court below, sustained by the verdict of the jury, showing the same to have belonged to Diggs, and which verdict has been also sustained by the Supreme Court, from which it follows, that, as he had no property within t he jurisdiction of the District Court for the parish of Rapides, the atiachment should have been dissolved, and…

1Opinion of the CourtMorphy, J.

These cases were consolidated by an order of the court below, and tried together before the same jury. In the first, the plaintiff seeks to recover back from his vendor, Huie, the price of certain slaves, on the ground of redhibitory *131maladies; and, on an allegation that the defendant was a resident of North Carolina, attached a certain promissory note, in the hands of the makers, before its maturity; he also proceeded by personal™citation, which was served on defendant in the city of New-Orleans. Huie appeared by attorney, and excepted to the action, on the ground that he was a citizen of…

2Cited by3 opinions

  1. State ex rel. Rees v. FosterSupreme Court of Louisiana · 1904
  2. Carrere v. AucoinSupreme Court of Louisiana · 1908
  3. Haydel v. RousselSupreme Court of Louisiana · 1846

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