8 Mart. (N.S.) 391 | La. | 1829
delivered the opinion of the court. The plaintiff claimed and obtained
There were four writs of execution, and as to two of them, the judgment of the inferior court was clearly correct. They appear to have issued jointly against the plaintiff and one Michael Bergeron, to satisfy, as the writs recite, certain judgments obtained against them. On reference to these judgments, they appear to have been rendered separately, in separate suits against Dugat, and Bergeron. They consequently did not authorise a joint execution against both.
In relation to the other and remaining writs, there exists, as far as we can discover, no other objection, except that the return day had expired, when they came into the officer’s hands. The facts on record show the writs to bear date the 18th November, 1826, and to have been delivered to the sheriff the same day. In virtue of them, he levied on the property of the plaintiff the 20th of that month, and advertised the sale to take place on the
It has been decided by this court, that a sheriff who makes a levy, before the return day of the writ, may proceed and sell afterwards. It is attempted here to carry this doctrine still further, and sanction a new levy, made after the force and effect of the execution had expired. We can find no authority which goes so far, and there is nothing in the reason or convenience of the thing, which requires us to so extend it. The party may as well commence de novo under a new writ, as the old one.
The authority of the code of practice, art. 700, has been relied on as sanctioning the course pursued in this instance. On an examination, we find it does nothing more than declare, that so long as the injunction continues, the limitation for making a return, does
It is therefore ordered, adjudged and decreed, that the judgment of the district court be affirmed, with costs.