New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-10-11
COURT RECORD.
FRIDAY, OCTOBER 10. 1874.



REFORMATION FILED.
Lsrceny-E!sie Brown.
second District Court.
SUGGESTIONS of Hugh Douris and wife,
Christian Jenfer and Perry Martin, his wife,
and Fred FridOlin, opened.
Iaonce Martin prays to be smancipsted.
Fifth District Court.
Judse Cullom rendered the following
decision: .,v
Josephjue Pinaud VS.. William Zadick.-
This ease comes up on a rule taken to show
cause why the defendant should not be re-
leased from the effect of An order OF arrest,
which order was based upon the allegation
of his intended departure from the State
without leaving sufficient. property to
satisfy the Judgment which plaintiff ex-
poets to obtain against MN. 1he whole
proceeding leading to the arrest was based
On article 5l2 of the Code OF Practice.
yhava been favored with some authorities,
which have been examined, but am by no
means convinced that the rule should be
dism;ssed. The act of 1910 renders 1t
legally impossible 20 arrest man tor debt
after jud sment therefor has been rendered
against him. This alone convinces me that
the object Of the law as found In the Code
is simply to enable the creaitor 20 holo the
debtor until hs can institute snch proceed
inps as NAV enable him to recover judg-
ment III can not be that the object Was to
give the creditor more power and place
Him in better position than he would be,
| in case the debtor should remain within the
| Jurisdiction of the State courts. 1t would
not be pretended the debtor could be ar
rested for debt If he discovered no inten-
| ton of leaving the stale ANA why!
Simnlv because its courts would have juris-
diction. and Judgment might be obtained
| against him, The sole object OF the law IL
| to enable the creditor to obtain a Judgment
without being forced to follow the depart
! inp creditor into other States. In addition
| to this view, 1 think the opinion of Judge
Porter, in Carraby VS.. Davis, N. 5: l63,
meets the real merits OF this case, ana ex-
| plains the spirit of the law. The syllabus
!. in accordance with the opinion, and
! reads as follows: "If the defendant, who is
abont to absent himself be arrested on an
! affidavit that he does not leave property to
| satisfy the demand, he may be discharged
| on showing he does leave enough to pay
I that sued on, though it may be doubtful
| whether he is able to pay all his debts"
! And this is rendered on the remark made
by that erudite judge that many are the
instances in which d debt Is collected ny
execution. when the party is iDsOlvent." 1t
certainly can not be criminal in a man to
leave the State because he is in debt, and
he should not be imprisoned for less than
an otfense, Where fraudulent intention in
leaving is shown, such as a desire to divest
its courts Of jurisdiction over him, the law
comes to the relief of the cOntidlng creditor
and authorizes the arrest OF his debtor Tor
period of time.
The defendant is shown to own and pos
sess valuable property on Poydras street,
near Camp, which is now rented for $ll2 81
per month, which is assessed for $4,000,
and which was variously estimated by wit.
nesses on the stand at from $500 to 81, OOO
in cash. There il a vendors lien on it for
about $500, exclusive OF interest, which
will NOT be due until April q, 1873. Under
these circumstances, and for the reasons
and opinion rendered by Judge Porter,
must make the rule absolute.