Cook v. Madden

Louisiana Court of Appeal

Cook v. Madden

1 Gunby 24

DecidedJuly 1, 1885

StatusPublished

This text of 1 Gunby 24 (Cook v. Madden) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cook v. Madden, 1 Gunby 24 (La. Ct. App. 1885).

Pincite

Opinion

Gunby, J.

Under the eighth paragraph of C. P. 275, to obtain a sequestration, plaintiff is required to swear that he fears that defendant will part with or dispose of the property during the pendency of the suit — but if he uses in his affidavit the word “ may” instead of “ will,” that is, swears that he fears defendant “may part with, etc.,” the affidavit is sufficient; the words “ may ” and “ will,” used in such connection, are synonymous, according to lexicography, and are so used by the legislature. C. P. 275, 298; 14 An. 36; 25 An. 500.

Free access — add to your briefcase to read the full text and ask questions with AI

Gunby, J.

Under the eighth paragraph of C. P. 275, to obtain a sequestration, plaintiff is required to swear that he fears that defendant will part with or dispose of the property during the pendency of the suit — but if he uses in his affidavit the word “ may” instead of “ will,” that is, swears that he fears defendant “may part with, etc.,” the affidavit is sufficient; the words “ may ” and “ will,” used in such connection, are synonymous, according to lexicography, and are so used by the legislature. C. P. 275, 298; 14 An. 36; 25 An. 500.

Cite This Page — Counsel Stack

Bluebook (online)

1 Gunby 24, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-madden-lactapp-1885.