Yun Loy Co. v. Rosser
Citations
- 52 La. Ann. 1723
Syllabus
<p>Syllabus.</p> <p>A party who goes into court on a writ of sequestration for the recovery of movable property,'to which he holds a paper title from parties claiming to be the owners, can not be mulcted in damages by parties alleging and claiming an adversary interest therein, notwithstanding the plaintiff is defeated m his action.</p> <p>The ease would be different if his title was shown to be either fraudulent or simulated.</p> <p>. On Rei-ieaking.</p> <p>1. The writ of sequestration is a powerful weapon to use and he who invokes it must be sure of his ground. It is the resort to' a harsh remedy and involves much of risk and peril to the litigant who causes its issuance.</p> <p>2. Where wrongfully issued, where not sustainable, or where discontinued by the plaintiff, who had invoked it, after seizure and detention of the property against which directed, damages caused by the seizure will be allowed.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that trial judge‟s exclusion of testimony and denial of an offer of proof required reversal because the appellate court could not determine that the error was harmless in the absence of the offer of proof
Source: CourtListener parenthetical corpus (CC0).
Judges: Blanchard, Breaux, Watkins
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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