de Egana v. Jackson

Decided May 15, 1850

Supreme Court of Louisiana · decided 1850-05-15

The plaintiff took out a provisional seizure for $195 for rent, due by the defendant, and seized a quantity of gunny bags, in the hands of J. W. Zacharie 4‘ Co., which had been previously removed from the store rented to the defendant. Zacharie Sf Co. bonded the property seized, giving a bond for $750. Subsequently to the execution of this bond, the plaintiff filed a supplemental petition, claiming $695, upon the ground that the defendant had abandoned the premises.

Decided 1850-05-15

¶1The judgment of the court was pronounced by

Slidell, J.

¶2We concur with the district judge in the opinion, that the only amount for which Zacharie Sf Co. were liable, under their bond, was the amount for which the seizure issued, and that this amount was subsequently paid. We do not consider the evidence as proving a fraudulent combination to defeat the landlord, so as to bring the case within the ruling in Dennistoun v. Malard, 2 Ann. 16.

¶3The judgment of the district court is therefore affirmed, with costs.