Philip Werlein, Ltd. v. Lofas

Citations

• 10 Teiss. 280
• 1913 La. App. LEXIS 86

Syllabus

<p>Syllabus.</p> <p>1. According to Act 190 of 1912, the fact that it lies within the power of the defendant to conceal, part with or dispose of. the movable in his possession, during the pendency of the suit, shall be deemed sufficient to justify an affidavit by the plaintiff, for the purpose of obtaining the writ of sequestration, that the defendant v.ill so conceal, part with or dispose of the property in question.</p> <p>2. The statute was prepared and recommended to the General Assembly for adoption by the Louisiana Bar Association and was intended to restore the jurisprudence established in Lowden vs. Robertson, 40 A., 825, and apparently impaired by the declaration in 50 A., 931, that the sequestrator must show the reason and cause for his fear.</p> <p>3. Such a declaration by the legislature is a purely legislative function which does not encroach upon the domain' of the judiciary.</p>