Haydel v. Girod

IN error to the district court of the United States for the eastern district of Louisiana.

The defendant in error instituted a suit in the district court, on a promissory note: and the defendant having applied, after the suit was brought, to a court of Louisiana for the benefit of the insolvent law of that state; pleaded a respite, obtained in those proceedings against his creditors.

In the proceedings of the court of Louisiana, in the petition of the plaintiff in error, it no where appears that any notice of the same was given to Francois Girod; on this ground the district court decided against the plea, and gave judgment for the plaintiff in that court.

The defendant prosecuted this writ of error.

The case was argued by Mr Key, for the defendant in error. No counsel appeared for the plaintiff.

Mr Key contended:

That the plaintiff below was no party to these proceedings, nor in any way affected by them; and, that the proceedings were wholly irregular, and did not entitle the defendant, in the district court, to a respite against any of his creditors.

Mr Key referred to the civil code of Louisiana, article 3051, and others; which require that notice shall be given to the creditors of a petitioner; and which declare that no creditor, other than those to whom such notice had been given, should be affected by the same.

He also cited Breedlove and Roberson v. Nicolet and Sigg, 7 Peters 434, in which was decided the question presented in this case. He claimed ten per cent damages, as he contended the writ of error had been sued out for delay only; the law of the case having been clearly settled in the case cited.

Mr Justice M'LEAN delivered the opinion of the Court.