Levy & Block v. Their Creditors

Citations

• 51 La. Ann. 793
• 25 So. 541
• 1899 La. LEXIS 472

Syllabus

<p>Syllabus.</p> <p>-1. Parties seeking a respite do not bring into court any fund for distribution; on the contrary, their object is to withdraw their property from legal pursuit and beyond legal controversy.</p> <p>•2. A creditor for two hundred and twenty-five dollars who, In the interval between an application for a respite and the order thereon granting a stay of proceedings and the meeting of creditors called thereby, instituted an action against the parties seeking a respite for the unpaid purchase price of goods sold them with recognition of privilege, and for judgment, and accompanied his demand with an application for a writ of sequestration, is not entitled when the sequestration is set aside and his suit dismissed, on the ground that the allegations of his petition are untrue, to appeal to the .Supreme Court.</p> <p>The fact that he may have filed this suit in the respite proceedings and called it an intervention or third opposition, does not affect the question.</p> <p>There is no eoneursus formed by such a proceeding, and there is no fund in court for distribution.</p>