A. Lehman & Co. v. Dreyfus
A. Lehman & Co. v. Dreyfus
Opinion of the Court
A. Lehman & Co. having, in suit No. 9665 of the ducket of the Civil District Court for the Parish of Orleans, recovered judgment against Joseph Dreyfus for the sutn of $3620.05, and costs, and having caused to he issued thereunder a writ of fieri facias against the judgment debtor, by supplemental petition made John G. Spor a party defendant to said suit as
To all of the interrogatories propounded to him as garnishee, according to the customary formula, Spor answered, without qualification, in the negative; and, thereupon, on motion of counsel for plaintiffs, “and on showing to the Court that the answers of John G. Spor, garnishee, are untrue,” it was ordered that John G. Spor show cause, on a day named, “why he should not be condemned to pay plaintiffs the amount of their judgment, or up to such portion thereof as said Spor may be shown to be indebted to defendant.
From a judgment discharging this rule, the present appeal was taken by the plaintiffs.
From the statement which has been made of the pleadings in the cause, it is apparent that the sum claimed by the plaintiffs of Spor, made defendant as garnishee, and for which they pray judgment against him, is the amount of their judgment and writ against Dreyfus, to-wit: three thousand six hundred and twenty dollars and five cents, with interest and costs, or so much thereof, up to the whole amount, as they may show, by proof, that they are entitled to recover.
Not only is the jurisdiction of this Court over this appeal not made to appear affirmatively, as it .must be made to appear in
The appeal is, therefore, dismissed at appellants’ costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.