Payne & Joubert v. Schaeffer-Gaiennie Co.

Citations

• 119 La. 382
• 44 So. 134
• 1907 La. LEXIS 487

Syllabus

<p>1. Receivers — Accounting—Notice.</p> <p>The receivers’ account had been advertised as required. Oppositions were filed to its homologation.</p> <p>2. Same — Effect of Judgment — Homologated Account.</p> <p>After the required delays this account was homologated in so far as not opposed.</p> <p>In time thereafter the oppositions were heard and decided. The account was homologated. The account, as to this extent, is closed by the-judgment. And as to this judgment the action in nullity does not lie.</p> <p>3. Same — List of Creditors — Binding Effect — Ultra the Judgment.</p> <p>A list of creditors was filed a day before the account was homologated. No notice of the filing of this list was given. A special order of the homologation was entered after the judgment of homologation of the account. This special order is null. This list is not binding. It. was not part of the original account, and is not taken as having any effect that concludes other parties in interest.</p> <p>4. Same — Not Part of the Account.</p> <p>The judgment of the district court, setting aside the action in nullity in so far as the account was regularly homologated, is sustained. It is reversed in so far as relates to the list of creditors, filed some time after the account had been filed and which, does not form part of the account. Costs in both courts to be paid by the receivers.</p> <p>(Syllabus by the Court.)</p>