Levy v. Collins

Citations

• 115 La. 204
• 38 So. 966
• 1905 La. LEXIS 644

Syllabus

<p>ABSENTEES — PROCESS AGAINST — SEIZURE OF PROPERTY — CONSPIRACY—CAUSE OF ACTION-ACTUAL DAMAGES.</p> <p>1. Absentees can be brought into court on a demand for a moneyed judgment only by an actual seizure of property in the suit in which the demand is made. A seizure in another suit will not answer. It makes no difference that the claim is secured by privilege on property situated within the jurisdiction of the court.</p> <p>2. By the allegation that the defendants conspired together to deprive the plaintiff of his recourse against certain property on which he had a privilege, and that they, in pursuance of the conspiracy, brought certain suits on fictitious claims, and caused the property to be seized and sold, and the proceeds to be bonded, no cause of action is shown, if it be at the same time alleged that the proceeds of the property, representing the full value thereof, are still in court, and liable to the plaintiff’s claim.</p> <p>(Syllabus by'the Court.)</p>