Morehouse Lumber & Building Material Co. v. Jacob & Walker

Supreme Court of Louisiana

Morehouse Lumber & Building Material Co. v. Jacob & Walker

147 So. 504, 177 La. 76, 1933 La. LEXIS 1662

CourtSupreme Court of Louisiana

DecidedMarch 27, 1933

DocketNo. 32153.

StatusPublished

Cited by6 cases

This text of 147 So. 504 (Morehouse Lumber & Building Material Co. v. Jacob & Walker) 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.

Bluebook

Morehouse Lumber & Building Material Co. v. Jacob & Walker, 147 So. 504, 177 La. 76, 1933 La. LEXIS 1662 (La. 1933).

Pincite

Opinion

ST. PAUL, Justice.

This ease comes up on certiorari from the Court of Appeal.

The point involved is whether installments and payments that are due and owing to a contractor under a construction contract may be reached by garnishment, although the contract has not been completed.

The Court of Appeal held that they might. We have carefully examined both the original opinion of the Court of Appeal reported in 139 So. 713 and the opinion on rehearing reported in 144 So. 190, and we find no error therein. These opinions are in accord with general jurisprudence. See McKendall v. Patullo, 52 R. I. 258, 160 A. 202 and the note thereon (section IV) 82 A. L. R. at page 1121, citing this case and Williams v. Androscoggin & K. R. Co. (1853) 36 Me. 201, 8 Am. Dec. 742; Ricker v. Fairbanks (1855) 40 Me. 43; Harris v. Somerset & K. R. Co. (1859) 47 Me. 298; Ware v. Gowen (1876) 65 Me. 534; Webber v. Bolte (1883) 51 Mich. 113, 16 N. W. 257; Empire Sash & Door Co. v. McGreevy (1912) 22 Manitoba, L. R. 676, 8 D. L. R. 27. See, also, Wyer v. Merrill (1831) 7 Me. (7 Greenl.) 342; Kelly v. Snyder (1878) 5 Wkly. Notes Cas. (Pa.) 39.

Decree,

For the reasons assigned the judgment of the Court of Appeal is affirmed.

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

ST. PAUL, Justice.

This ease comes up on certiorari from the Court of Appeal.

The point involved is whether installments and payments that are due and owing to a contractor under a construction contract may be reached by garnishment, although the contract has not been completed.

The Court of Appeal held that they might. We have carefully examined both the original opinion of the Court of Appeal reported in 139 So. 713 and the opinion on rehearing reported in 144 So. 190, and we find no error therein. These opinions are in accord with general jurisprudence. See McKendall v. Patullo, 52 R. I. 258, 160 A. 202 and the note thereon (section IV) 82 A. L. R. at page 1121, citing this case and Williams v. Androscoggin & K. R. Co. (1853) 36 Me. 201, 8 Am. Dec. 742; Ricker v. Fairbanks (1855) 40 Me. 43; Harris v. Somerset & K. R. Co. (1859) 47 Me. 298; Ware v. Gowen (1876) 65 Me. 534; Webber v. Bolte (1883) 51 Mich. 113, 16 N. W. 257; Empire Sash & Door Co. v. McGreevy (1912) 22 Manitoba, L. R. 676, 8 D. L. R. 27. See, also, Wyer v. Merrill (1831) 7 Me. (7 Greenl.) 342; Kelly v. Snyder (1878) 5 Wkly. Notes Cas. (Pa.) 39.

Decree,

For the reasons assigned the judgment of the Court of Appeal is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

147 So. 504, 177 La. 76, 1933 La. LEXIS 1662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morehouse-lumber-building-material-co-v-jacob-walker-la-1933.

Opinion

Related

Cite This Page — Counsel Stack