Blanc v. Wallace
Also decided on this docket: La. Ct. App. 1st Cir., December 13, 1972 270 So. 2d 328; La. Ct. App. 4th Cir., April 22, 1955 80 So. 2d 715; La. Ct. App. 1st Cir., May 20, 1931 134 So. 725; La. Ct. App. 1st Cir., June 20, 1906 3 Teiss. 496; La. Ct. App. 4th Cir., June 1, 1970 236 So. 2d 521
Blanc v. Wallace, 26 La. Ann. 492 (1874).
Opinion text
Ludeling, C. J. This is a suit on a promissory note given for the price of machinery. The plaintiffs claim a privilege on the articles *493 sold to defendants and obtained a sequestration. The motion to dissolve the sequestration should have been maintained. The requisite oath was not made. The affiant did not state that he feared or believed that the property on which the privilege exists would be removed out of the jurisdiction of the court, or concealed, parted with or disposed of pending this suit. C. P. 275 ; 4 R. 462 ; 6 An. 444; 9 An. 535; 11 R. 145 . But, on the merits, the judgment of the lower court is correct. It is therefore ordered and adjudged that the judgment be affirmed. The costs of the sequestration of this appeal to be paid by the plaintiff. Rehearing refused.