6. After appeal has been taken, an exception which has been dismissed,
cannot be tried again in the inferior court, except by consent of the
parties. Pemberton vs Zacharie et al.....
1. If, with the consent of the plaintiff, the execution be stayed until
he furnish security to the satisfaction of the court, the defendant will
have the right to contest the security offered, although it be question-
able if the case is one in which security would have been ordered if
required by the defendant. Pemberton vs. Erwin et als............
2. If the sheriff illegally seize and sell the property of a third person
on execution, the latter has his remedy both against the sheriff and the
plaintiff in execution, or either of them. Crocker vs De Passeau,...... 37
3. A new trial annuls the execution on the former judgment. Dutton
vs. Dupuy et al.,........
3. If a party, through error, claim property seized under execution,
the penalty extends only to the property claimed, and not to the amount
of the judgment, Borié f. w. c. vs. Borié f. m. c........
6. A wife cannot as owner prevent the sale of a lot of land seized
under an execution in favor of the creditors of her husband, to whom
by public sale was made, by alleging that the purchase money belonged
to her.....
7. In an action to rescind the sale of property of a defendant in exe-
cution seized and sold to satisfy the judgment, he will not be permitted
to show payment to the demand on which the judgment is founded,
previously to its rendition. Gravier vs. Roche,.....
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8. The defendant in execution whose property has been sold, and the
sheriff's deed recorded, is not bound by an ex parte amendment of that
deed....
8. In an action against the owner of a promissory note payable to a
certain person or to bearer, purchased by the plaintiff at a sheriff's sale,
the defendant cannot inquire into the regularity of the proceedings,
previous to the issuing of the execution under which the sale took place.
Wilson vs. Munday,.......
9. If the assignment of a promissory note be voluntary, the transfer
in the payee's hand writing is sufficient; and if forced it suffices that there
is judgment, execution and sale according to law......
10. A sheriff's sale not made in pursuance of the formalities of the
law confers no title on the purchaser.....
11. Choses in action may be sold under a writ of fieri facias, and for this
purpose the seizure of them is not required.......
1. An estate is liable to costs incurred by an execution under a will
which, being informal, is null and void, in endeavoring to sustain its vali-
dity. Sterlin's executor,.
2. The dative executor cannot confirm a sale which is not legally made
nor dispose of the effects of the estate by private agreement. Mercier,
attorney, &c. vs. Sterlin, dative executor, &c...
3. A testamentary executor claiming the possession of an estate, but
not showing that the execution of the will has been authorised by the
Court of Probates, must be considered as a mere stranger: and against
him the heir for a part only is entitled to the possession of the whole
estate. Labadie vs. Guerin,....
1. Actions for false imprisonment, in consequence of affidavits made
by creditors in suits against their debtors, should be cautiously enter-
tained; and clear proof is requisite of an intention to oppress by resort
to a legal remedy to enforce a just claim. Ryder vs. Adams et al,...... 318
FOREIGN LAW.
1. A contract made in one state or country will be enforced in another
unless injury is thereby directly or indirectly done to the inhabitants of
the latter. Ohio Insurance Co. vs. Edmondson et als.,.......
2. A foreign creditor who has a lien on property, is entitled to an
equal privilege with a domestic creditor.......
3. A written contract which has not the character of a bottomry bond,
but which has been entered into for the loan of money and confers an
express lien on a vessel, cannot by the maritime law follow her into
other countries, to the prejudice of rights acquired there......
4. The fact of a foreign power controlling the place where freight
is to be delivered may modify and delay the performance of a contract
of charter party. Shepherd & Co. vs. Lanfear................
55. If the foreign prohibition to land a cargo be conditional, the
freighter cannot refuse to receive it, on the ground that by receiving it
he sustains more inconvenience and expense than he would sustain if the
vessel should perform quarantine duties and the nland it at the usual place: ib.
6. If foreign laws change the place of delivery in case of quarantine,
the freighter must receive the cargo at the place where the law requires. ib.
7. The pendency of a suit no matter by what process commenced in
a court of another state, cannot be pleaded to an action brought in this
state. West, syndic, &c., vs. M'Connell,...
3. An attachment issued in a suit in another state may modify the
relief to which the same party is entitled in another suit in this state..... ib.
1. Permissions having been given by the governor of Louisiana, when
a province, to occupy and build on a lot of and in the city of New-
Orleans, and the authority of the government which gave the permission
having ceased without a change of will being expressed, a subsequent
grant by the resident of the United States to the occupant under that
permission, vests in him all the right and title of the United States, and
of the former sovereigns of the country, De Armas et al vs. Mayor, &c.
of New-Orleans................
2. While Louisiana formed a part of the dominions of the king of
Spain, he had the right of property in all the unappropriated territory
of the province................
3. The king of Spain delegated to the governor of Louisiana while a
Spanish province the right to concede or grant to individuals parts of
the land belonging to the public domain......
4. The sovereigns of Europe have the right to alienate the vacant and
unappropriated lands in their colonial dominions.......
5. The word quai includes the levee on the bank of the river and the
space between the exterior limit of the levee and the water............. ib.
6, In deciding questions of title, the court cannot take into view the
want of foresight in the sovereigns of the country in granting the land in
controvery to individuals, or the great detriment which the public inte-
rest may sustain by the appropriation of the land to private purposes... ib.
7. Of two claims to a tract of land under concessions when Louisiana
formed a Spanish province, that will prevail, which has been regularly
entered before the commissioners, and confirmed by the act of congress
of 1820. Ribas et al vs. Bennett.
1. The surety of a curator of absent heirs may be sued on the bond
in a court of ordinary jurisdiction. Elliot, adm'r. vs. White............ 322
2. A cause will be remanded if the plaintiffs claim property as forced
and as testamentary heirs, and the court below has decided upon their
claim as forced heirs only. Fletcher's heirs vs. Vieil et als....... ...... 371
3. The 995th and 996th articles of the Code of Practice, distinguish
between an estate accepted absolutely, and one which has come into the
possession of the beneficiary heir, after having been administered by his
tutor, curator, or the testamentary executor. Watts, curator, &c. vs. Fra-
zier, et ux,....
4. Heirship may be proved by reputation and other corroborating
facts, if no official register of births or marriages is kept in the state
where it is alleged to have been formed. Lewis's heirs vs. His ex'r.,... 387
5. A testamentary executor, claiming the possession of an estate but
not showing that the execution of the will is authorised by the Court
of Probates, must be considered as a mere stranger; and against him the
heir for a part only is entitled to the possession of the whole estate.
Labadie vs. Guerin,.....
6. The power of the attorney for absent heirs to act commences with
the date of his appointment- Mercier, attorney, &c. vs. Sterlin's ex'r. &c. 472
1. The wife cannot as owner prevent the sale of a lot of land seized
under an execution in favor of the creditors of her husband, to whom
by public act the sale of it was made, by alleging that the purchase
money belonged to her. Borié f. w. c. vs. Borié f. m. c.......
1. On a motion to dissolve an injunction on the face of the papers, all
the facts stated are not admitted as true, unless the motion is made on
the ground of a want of sufficient matter alleged in the petition to autho-
rise the issuing of the writ. Hebert vs. Joly et al.......................
2. An affidavit for an injunction must be direct, positive and uncon-
ditional........
3. It is unnecessary for a party applying for an injunction, to swear
that the facts set forth render an injunction, in his opinion necessary.
Dutton vs. Dupuy et al,............
4. The affidavit for an injunction must be such as to render the party
liable to a conviction for perjury, if the facts sworn to are not true.
Reboul's heirs vs. Behrens et als.,.....
5. It is insufficient for a party praying an injunction, to swear "that
the material facts and allegations are true and correct, to the best of his
knowledge."....
6. A privity is contemplated by the law between the party enjoining
and the judgment enjoined. Borić, f. w. c. vs. Borić. f. m. c............87
7. If a party through error claim property which has been seized
under execution, the penalty extends only to the property claimed..... ib.
8. He who is injured by an injunction, though not a party, may appeal
from the decision of the court refusing to dissolve it. Vignié vs. Blache. 108
9. An affidavit attesting the truth and correctness of the facts and
allegations in the petition which render an injunction necessary, is insuf-
ficient. Ricard's heirs vs. Hiriart et al.......
10. On the dissolution of an injunction the fee of the defendant's
attorney may be allowed as special damages..
11. The action against a surety on an injunction bond arises ex con-
tractu, and as to prescription must be governed by the laws controlling
written contracts. Poydras et al vs. Patin,................
12. Interest will not be awarded on damages sustained during the sus-
pension of an order of seizure and sale, in consequence of an injunction
wrongfully sued out.......
1. Interest on interest cannot be given. Hyde vs. Brown,.
2. On the rescission of a sale, the vendor becomes entitled to interest
from the time he delivers or tenders the property to the vendor.
Donavon vs. Mooney,.......
3. Where maritime interest is reserved, both principal and interest
must be risked to confer upon the obligation the character of a bottomry
bond. Ohio Insurance Campany vs. Edmondson et als.,.........
4. Interest will not be awarded on damages sustained during the sus-
pension of an order of seizure and sale, in consequence of an injunction
wrongfully sued out. Poydras et al vs. Patin,.......
1. The right of a plaintiff to propound interrogatories to the defen-
dant depends on the capacity of the former to maintain his suit.
Bank vs. M'Donough et als.........
2. The rules relative to answers to interrogatories on facts and articles,
are more rigid than those which govern ordinary answers.
Webb et al.,.......
3. A garnishee not answering when interrogated on facts and articles
cannot avoid the legal effect of his negligence......
4. If a defendant interrogated as to his receiving certain notes from
an insolvent as collateral security, answers that they were not trans-
ferred to him as collateral security, the strong presumption of verity
attached to his answer is not destroyed by the near proximity of the
amount of the notes, to the debt of the insolvent to the defendant as
sworn to at the meeting of the creditors. Denis, syndic,&c. vs. Oger. et al 400
1. If an appeal taken from a judgment below dismissing the defen-
dant's exceptions to the security furnished on the bond, the inferior court
cannot enter into the validity of that instrument on the application of
the plaintiff. Pemberton vs. Erwin et al.,........
2. A privity is contemplated by the law between the party enjoining
and the judgment enjoined. Borié, f. w. c. vs. Borié, f. m.c.......... 87
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