Bank of Monroe v. Ouachita Valley Bank

Citations

• 124 La. 798
• 50 So. 718
• 1909 La. LEXIS 546

Syllabus

<p>1. Garnishment (§ 93*) — Procedure—Notice of Seizure.</p> <p>Where, in an attempted garnishment, under fi. fa., the plaintiff resorts to an independent proceeding, bearing a different title and number from the suit in which the judgment was rendered and the fi. fa. issued, a notice of seizure, bearing such title and number, and containing the recital, “by virtue of a writ of fi. fa. to me directed, in the above-entitled suit.” means nothing, and plaintiff takes nothing' by it.</p> <p>2. Corporations (§ 509*) — Garnishment — Citation — Officers of Unnamed Corporation.</p> <p>A citation in garnishment addressed to “A. B. individually and as president.” and to “C. D. individually and as cashier,” is not effective as against the unnamed corporation in which A. B. and O. D. may hold positions. Citation in such case may be served upon the officer of the corporation designated to receive it; but it must be addressed to the corporation.</p> <p>3. Garnishment (§ 120*) — Proceedings in Garnishment — Injunction—Dismissal.</p> <p>Where, in a garnishment proceeding under a separate title and number from the action against the debtor, an injunction pendente lite is issued to restrain the party sought to be made garnishee from parting with the property sought to be seized, and the plaintiff takes nothing by the attempted garnishment, the whole proceeding collapses, and, with the injunction, is properly dismissed.</p> <p>(Syllabus by the Court.)</p>