Reports of Cases Argued and Determined in the Supreme Court of Louisiana (Volume 19; V. 39 ) (Paperback)

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1854. Not illustrated. Excerpt: ... VOL. PAOE. wrongfully sued out, ought to be placed as nearly as possible, in the situation in which he would have been had the writ not issued. If the party suing out the writ, fail to show not merely a real cause of action, but a ground of suspicion, which would justify a man in the sober pursuit of his rights, uninfluenced by momentary pique, to re- sort to a remedy intended only for extreme cases, he will subject himself to pay damages according to a liberal standard, though not vindictive lb. 9. A sequestration is a judicial deposit, and is essentially a con- servatory act, which does not divest the title of the owner, and gives the creditor no greater right than he had before. Syndic of Mr.Manus v. Jewell. iii. 636 10. The article 76 of the Code of Practice, presupposes that the affidavit in a case of sequestration, is to be made by the plain- tiff; and when he is present, and no proper cause assigned to pre- vent him, the affidavit of the agent will not be sufficient. Hawley v. Tarbe et Ux. vii. 429 11. An affidavit in which the plaintiff states, that "he fears the defendant may remove the mortgaged slaves out of the jurisdiction of the State," is insufficient to obtain an order of sequestration. He should state the facts which induce his apprehension. Clark v. Glover et Al. vii. 537 12. The plaintiff, in obtaining an order of seizure and sale against the mortgaged premises, acquires a lien on the growing crop, from the moment of notification of the order of seizure to the de- fendant; and he may obtain a writ of sequestration against the crop during the pendency of a suspensive appeal from the order of seizure and sale, and in the absence of any principal demand be- fore the court at the time of granting the sequestration. Williams v. Duer. vii. 69...