Nicholas Burke Co. v. Miss. Valley Realty Co.
Citations
- 14 Teiss. 302
- 1917 La. App. LEXIS 56
Syllabus
<p>Syllabus.</p> <p>An action by a third party to annul a j'udgment and sale on the ground that they confer an illegal preference upon the plaintiff therein need not be filed in the same Court which rendered the judgment.</p> <p>An insolvent debtor cannot give in payment to one creditor to the prejudice of the others any other thing than the sum of money due.</p> <p>It is immaterial whether this dation en payment is effected by means of a contract or a consent judgment. Courts cannot be used as instruments to violate the law.</p> <p>It is essential to the creation and existence of a lessor’s privilege that there should be a contract of lease containing mention of the thing, the price, and the consent.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “ ‘In an appeal of a judgment granting or denying fees in a public record case, we review whether the court abused its discretion’ ”
- request for “‘any and all records generated, in the possession of your department, containing any reference whatsoever to * * *”
Source: CourtListener parenthetical corpus (CC0).
Judges: Claiborne
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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