Item Co. v. Nu-Grape Bottling Co., Inc
Decision Date | 01 March 1926 |
Docket Number | 27708 |
Citation | 107 So. 770,160 La. 975 |
Court | Louisiana Supreme Court |
Parties | ITEM CO., Limited, v. NU-GRAPE BOTTLING CO., Inc |
Appeal from Civil District Court, Parish of Orleans; E. K. Skinner Judge.
Action by the Item Company, Limited, against the Nu-Grape Bottling Company, Inc., in which defendant's property was seized after judgment for plaintiff under writ of fieri facias. Rule restraining further proceedings in execution of plaintiff's judgment was made absolute, and plaintiff suspensively appealed.
Judgment annulled and set aside, and rule dismissed.
Blouin & Deutsch, of New Orleans, for appellants.
W. O Hart, of New Orleans, for appellee sheriff.
Weiss Yarrut & Stich, and Herbert W. Kaiser, all of New Orleans, for appellee receiver.
OPINION
The plaintiff obtained a judgment against the defendant. There was no appeal therefrom, and after the judgment became final a writ of fieri facias issued, and the civil sheriff seized thereunder certain movable property belonging to the defendant. A few days after service of notice of the seizure upon defendant, a creditor applied for and the court appointed Harry H. Forst receiver of the defendant company. The receiver qualified, and, on his motion, the plaintiff and civil sheriff were ordered to show cause why further proceedings in execution of plaintiff's judgment should not be arrested, and why the property seized under the writ should not be surrendered to the receiver, to be administered in due course. The rule was heard, it was made absolute, and plaintiff suspensively appealed from the judgment.
While the case was pending on the appeal, application was made to this court by the civil sheriff, and by the plaintiff, as intervener therein, for writs of prohibition and certiorari. The writs issued, and in due time they were perpetuated. This proceeding bears our docket No. 27695, and is entitled: "Item Co., Limited, v. Nu-Grape Bottling Co., Inc. In re Civil Sheriff Applying for Writs of Prohibition and Certiorari to Civil District Court, Parish of Orleans." 160 La. 631, 107 So. 471. [1] In that proceeding the concluding reasons of the court and its decree are as follows:
The sole question which is presented in this case is whether the lien acquired by a valid seizure of the debtor's property under a fieri facias is divested by the subsequent application for and appointment of a receiver for the...
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