State ex rel. Bennett v. Judge of the First District Court

Supreme Court of Louisiana

State ex rel. Bennett v. Judge of the First District Court

1 Mann. Unrep. Cas. 433

CourtSupreme Court of Louisiana

DecidedJuly 1, 1880

DocketNo. 7669

StatusPublished

This text of 1 Mann. Unrep. Cas. 433 (State ex rel. Bennett v. Judge of the First District Court) 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

State ex rel. Bennett v. Judge of the First District Court, 1 Mann. Unrep. Cas. 433 (La. 1880).

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Opinion

Manning, C. J.

If by the expression “to be allowed to execute his judgment,” the relator means that he should be permitted to realize, through a Ji. fa. or other process, the amount of his judg[434]*434ment, lie is clearly not entitled to do it. The bank is in liquidation under order of court. Its assets are in the hands of commissioners appointed by the court who are under bond to execute their trust rightly. The law designates how those assets should be administered, and the relator cannot execute his judgment by taking from those assets sufficient to pay it simply because he has a judgment for money against the bank.

Writ refused.

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Manning, C. J.

If by the expression “to be allowed to execute his judgment,” the relator means that he should be permitted to realize, through a Ji. fa. or other process, the amount of his judg[434]*434ment, lie is clearly not entitled to do it. The bank is in liquidation under order of court. Its assets are in the hands of commissioners appointed by the court who are under bond to execute their trust rightly. The law designates how those assets should be administered, and the relator cannot execute his judgment by taking from those assets sufficient to pay it simply because he has a judgment for money against the bank.

Writ refused.

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Bluebook (online)

1 Mann. Unrep. Cas. 433, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-bennett-v-judge-of-the-first-district-court-la-1880.