Hill ex rel. Williams v. City of New Orleans

Supreme Court of Louisiana

Hill ex rel. Williams v. City of New Orleans

549 So. 2d 858, 1989 WL 117327

CourtSupreme Court of Louisiana

DecidedOctober 6, 1989

DocketNo. 89-CC-2085

StatusPublished

Cited by2 cases

This text of 549 So. 2d 858 (Hill ex rel. Williams v. City of New Orleans) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Hill ex rel. Williams v. City of New Orleans, 549 So. 2d 858, 1989 WL 117327 (La. 1989).

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Opinions

PER CURIAM.

GRANTED: As the court of appeal correctly noted, a judgment creditor is entitled to examine his debtor even though the latter is a public body. Fontenot v. State, et al, 355 So.2d 1324 (La.1978). However, the examination must be conducted with regard to legal limitations on executing the subject judgment. For example, examination about property owned by the City of New Orleans is pointless because public property is exempt from seizure. LSA-Const. art. 12, § 10(C).

The trial court is instructed to allow the judgment debtor examination to be conducted, but to make such protective orders as are appropriate, after giving the parties an opportunity to be heard.

The stay order is recalled and the writ application is otherwise denied.

MARCUS, J., dissents, being of the opinion that Fontenot v. State, 355 So.2d 1324 (La.1978), be overruled.

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