Rivet v. George M. Murrell Planting & Mfg. Co.
Citations
- 121 La. 201
- 46 So. 210
- 1908 La. LEXIS 655
Syllabus
<p>1. Exemptions — Estoppel to Claim.</p> <p>Where the defendant debtor selected two of four mules attached as exempt from seizure, and voluntarily disposed of the same pending the suit, and thereafter the attachment was dissolved, but the plaintiff obtained judgment, and seized the remaining two mules under a writ of fieri facias, held, that defendant was estopped from claiming that said mules were also exempt from execution.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 23, Exemptions, § 159.]</p> <p>2. Execution — Injunction — Dissolution-Damages — Attorney’s Fees — Proof.</p> <p>On the dissolution of an injunction directed against the execution of a money judgment, the judge may allow for attorney fees claimed as damages not more than 20 per cent, on the amount of the judgment, without proof of the value of the services rendered.</p> <p>3. Same — Statutory Damages.</p> <p>Statutory damages may be allowed on the dissolution of an injunction against the sale of specific property seized in execution of a money judgment.</p> <p>(Syllabus by the Court.)</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that the duty of care owed by one member of society to another is determined by a court as a matter of law
- denying motion to dismiss Monell! claim where plaintiff established as a matter of law that defendant was a final policymaker with detailed allegations regarding defendant’s authority
- “Since the Monell claim survives on this ground, the court need not consider whether [p]laintiff sufficiently alleged her other purported basis for this claim . . . .”
- “Under the New York common law doctrine of respondeat superior, an employer may be vicariously liable for the tortious acts of its employees only if those acts were committed in furtherance of the employer’s business and within the scope of employment.”
- “Under the New York common law doctrine of respondeat superior, an employer may be vicariously liable for the tortious acts of its employees only if those acts were committed in furtherance of the employer’s business and within the scope of employment.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Land
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