Meyer v. Bell

Louisiana Court of Appeal

Meyer v. Bell

1 Gunby 76

DecidedJuly 1, 1885

StatusPublished

This text of 1 Gunby 76 (Meyer v. Bell) 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

Meyer v. Bell, 1 Gunby 76 (La. Ct. App. 1885).

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Opinion

Clinton, J.

The sheriff has no right to appoint deputies without the approval of the District Judge.

2. Where the sheriff appoints the agent of the plaintiff in a suit as his deputy, to execute the writ in said suit, the proceeding is irregular, illegal and void.

3. Where plaintiff’s agent, having been appointed deputy and obtained a writ of provisional seizure, which he carries in his pocket for eighteen days, and then seizes defendant’s property, the seizure will be set aside, and damages, actual and exemplary, will be decreed against plaintiffs; a conservator}' writ cannot be sued out in anticipation of its being needed.

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Clinton, J.

The sheriff has no right to appoint deputies without the approval of the District Judge.

2. Where the sheriff appoints the agent of the plaintiff in a suit as his deputy, to execute the writ in said suit, the proceeding is irregular, illegal and void.

3. Where plaintiff’s agent, having been appointed deputy and obtained a writ of provisional seizure, which he carries in his pocket for eighteen days, and then seizes defendant’s property, the seizure will be set aside, and damages, actual and exemplary, will be decreed against plaintiffs; a conservator}' writ cannot be sued out in anticipation of its being needed.

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Bluebook (online)

1 Gunby 76, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meyer-v-bell-lactapp-1885.