Morgan's Louisiana & T. R. & S. S Co. v. Stewart

Citations

• 119 La. 392
• 44 So. 138
• 1907 La. LEXIS 490

Syllabus

<p>1. Attachment — Debt—Definition.</p> <p>The legal acceptation of the word “debt” is not limited to the idea of a determinate sum of money due on an express agreement. The-term applies to obligations imposed oy iaw or quasi contracts, as well as to obligations arising- from contracts, express or implied.</p> <p>2. Same — When Granted.</p> <p>Article 242 of the Code of Practice declares that the property of a debtor may be attached in the hands of a third person by his creditor in order to secure the payment of a debt, “whatever may be its nature,” whether the amount be liquidated or not, provided the creditor who-prays for the attachment state expressly and positively the amount which he claims.</p> <p>TEd. Note. — For cases in point, see Cent. Dig. vol. 5, Attachment, § 22.]</p> <p>3. Action — Tort oe Contract.</p> <p>Actions arising from or out of certain act» or facts have not necessarily the same character as the acts out of which they arise. The present action is not one “ex delicto,” though-the fact or act to which it owes its origin may have been a quasi offense.</p> <p>TEd. Note. — For cases in point, see Cent. Dig. vol. 1, Action, § 166.]</p> <p>4. Same — Waiver of Tort.</p> <p>Where a person has conferred on him bylaw several remedies to enforce an “obligation” or “duty” legally owing to him, he (and not the person owing the obligation or duty) has the-right to select the particular remedy he shall have recourse to. If he has the right to an action “ex delicto,” he may avail himself of it,, but, if he chooses to do so, he can waive it and sue by virtue of a statutory right of action if one has been given to him. The action brought by the plaintiff is one expressly granted by law-</p> <p>(Syllabus by the Court.)</p>