1 Rob. 531 | La. | 1842
The object of the present suit appears to be to annul a contract, by which the parties settled a partnership concern, on various grounds not now necessary to mention. Certain notes which the plaintiffs allege were given by them to the defendant, amounting to about fourteen hundred dollars, but which the latter deposited in the hands of one Bigourdan, as security for the correctness of his gestión, and which were to remain deposited until the 15th of August, 1841, were ordered to be sequestered, the plaintiffs making oath that they feared, and verily believed, that the notes mentioned in the petition would be illegally disposed of by the defendant, unless sequestered.
The sequestration was set aside on the motion of the defendant, on the ground that it was not supported by the petition and affidavit, and that no sufficient legal cause ha'd been shown for such sequestration ; the court considering the affidavit insufficient, in not stating the sums claimed by the plaintiff, and the cause of action.
The judgment of the Parish Court is therefore reversed; and it is ordered, that the sequestration be reinstated, and the case remanded for further proceedings, according to law; the defendant paying the costs of the appeal.