1 Mart. 192
Decided July 1, 1810
Supreme Court of Louisiana · decided 1810-07-01
Pending the suit, the defendant made a cessio bonorum, and the plaintiff proceeded to judgment. The judgment is irregular and ought to be set aside. When debtor cedes his goods to his creditors, the Judge who orders a meeting of the creditors, directs a stay of proceedings. It is therefore irregular to go on to judgment in suits against him. Farther, the cession operates the civil death of the debtor. He cannot consequently remain a party in a suit.
Decided 1810-07-01
¶1The Judge’s order stops all proceedings against the debtor, whether they.be carried on against his person, general estate, or any part of it. All proceedings against his person or property are irregular, He becomes by his cession disinterested, in a certain degree. His rights pass to other persons, and cannot be affected by legal proceedings to which the new owners are not parties.
¶2Judgment set aside.