Thompson v. Borman

Louisiana Court of Appeal

Thompson v. Borman

1 Gunby 72

DecidedJuly 1, 1885

StatusPublished

This text of 1 Gunby 72 (Thompson v. Borman) 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

Thompson v. Borman, 1 Gunby 72 (La. Ct. App. 1885).

Pincite

Opinion

Gunby, J.

It has been settled in our jurisprudence, since the decision in 9 R. 90, the fees of counsel for dissolving an illegal attachment will be allowed as special damages ; but only the fees incurred for that purpose, and not in defending the suit on the merits, can be recovered.

2.Where defendant has changed his domicile pending the suit,,and lives out of the Parish in which the suit is brought at the time of filing his answer, he may claim the damages for illegal attachment by way of reconvention. Act of 1839 nullifies C. P. 376, and said Article has been improperly retained in the Code.

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Gunby, J.

It has been settled in our jurisprudence, since the decision in 9 R. 90, the fees of counsel for dissolving an illegal attachment will be allowed as special damages ; but only the fees incurred for that purpose, and not in defending the suit on the merits, can be recovered.

2.Where defendant has changed his domicile pending the suit,,and lives out of the Parish in which the suit is brought at the time of filing his answer, he may claim the damages for illegal attachment by way of reconvention. Act of 1839 nullifies C. P. 376, and said Article has been improperly retained in the Code.

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Bluebook (online)

1 Gunby 72, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-borman-lactapp-1885.