Stanborough v. McCall

Citations

• 8 La. Ann. 9

Syllabus

<p>Under a f. fa. from the Circuit Court of the United States, in a suit against David Stanborough, the Marshall, without any permission from the District Judge, went into the Clerk’s office in the District Court of the Parish of Madison, in which were certain suits pending, entitled J. Stanborough v. D. McCall, and seized the notes sued on* and also made, what he terms in his return, a seizure of the judgments, or decrees of seizure and sale, and gave notice of seizure to the Clerk of the Court and to the Curator, D. Stmiborough, but none to McCall, the debtor. StocJdon afterwards bought these notes at the sale made by the Marshall. Meld: that the proceedings of the Marshall were a gross and unprecedented disturbance of the Clerk in the performance of his official duties as custodian of the records of the Court, and conferred no title upon StocJdon, at whose instigation, it seems, they were had. The Marshall had no right to take the notes without a previous order from the District Court, in whose custody they were; and the acts done by the Marshall were insufficient to effect a seizure and form the basis of a sale.</p>