No. 5191 Precedential Annulled Processed

Hughes v. Caruthers

Louisiana Supreme Court · Filed May 15, 1874 · 26 La. Ann. 530

Also decided on this docket: La. Ct. App. 4th Cir., April 12, 1973 272 So. 2d 53; La. Ct. App. 1st Cir., January 23, 1911 8 Teiss. 133; La. Ct. App. 1st Cir., November 20, 1975 322 So. 2d 404

Cited by

Opinion text

On Motion to Dismiss. Ludeling, C. J. A motion to dismiss this appeal has been made on the ground that the amount of the bond is insufficient. The bond is for the amount fixed by the judge. It is therefore sufficient to maintain the appeal. The motion is refused. On the Merits. Ludeling, C. J. The only question involved in this case is the right of the lessor to seize movables belonging to a third person, which have been removed from the leased premises within fifteen days before the seizure. He can not. C. C., art. 2709. It is the property of the lessee alone which can be seized under such circumstances. It is therefore ordered and adjudged that the judgment of the lower court against the third opponent be annulled, and that there be judgment in favor of the third opponent, setting aside the provisional seizure of her property for costs in both courts. Rehearing refused.