King v. Sims

Louisiana Court of Appeal

King v. Sims

1 Gunby 10

DecidedJuly 1, 1885

StatusPublished

This text of 1 Gunby 10 (King v. Sims) 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

King v. Sims, 1 Gunby 10 (La. Ct. App. 1885).

Pincite

Opinion

Mayo, J,

The filing of an amended answer in the District Court, in a case on appeal from the Parish Court, under Constitution of 1868, was allowable.

2. Where a party is sued on a joint contract, one-half of which is beneath our jurisdiction, but it is alleged that the two obligors [11]*11are bound in solido, this Court has jurisdiction. It is the amount alleged to be due that determines our jurisdiction.

3. Where an attachment is issued on the 4th and 5th paragraphs of C. P. 240, and the only proof of the debtor’s disposing of his property is that he paid his land rent with cotton, the attachment will be dissolved. It was his duty to pay his privileged debts first.

4. No damages will be allowed on dissolution of an attachment, unless the same are specifically alleged and proved.

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Mayo, J,

The filing of an amended answer in the District Court, in a case on appeal from the Parish Court, under Constitution of 1868, was allowable.

2. Where a party is sued on a joint contract, one-half of which is beneath our jurisdiction, but it is alleged that the two obligors [11]*11are bound in solido, this Court has jurisdiction. It is the amount alleged to be due that determines our jurisdiction.

3. Where an attachment is issued on the 4th and 5th paragraphs of C. P. 240, and the only proof of the debtor’s disposing of his property is that he paid his land rent with cotton, the attachment will be dissolved. It was his duty to pay his privileged debts first.

4. No damages will be allowed on dissolution of an attachment, unless the same are specifically alleged and proved.

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Bluebook (online)

1 Gunby 10, Counsel Stack Legal Research, https://law.counselstack.com/opinion/king-v-sims-lactapp-1885.