Davis v. Mitchell

Decided July 1, 1811

Supreme Court of Louisiana · decided 1811-07-01

THIS was an action on two promissory notes. The defendant, after the day of the date and before that of payment, called his creditors, from whom he obtained a respite, and the proceedings before the notary were homologated. A motion was now made to discharge the bail. The defendant resists our suit, in consequence of a forced respite, which it is contended he has obtaihed under the 16th title of the Civil Code, 438.

Decided 1811-07-01

By the Court.

¶1All proceedings having been staid against the defendant-his creditors sum-moneci, by advertisement, to meet at the notary's offioe-time given-and the creditors called again to shew cause against the homologation of the pro*119ceedings, and the homologation fairly obtained-it is, perhaps, irregular to proceed for a debt contracted before the call of the creditors. It is not for the Court, at present to say whether the ho-mologation can bypy, if any, by what, means be avoided: but surely, while it stands in force, it must afford protection against all anterior debts, at least, so far as to protect the person in the meantime.

¶2Bail discharged.