New Orleans v. Louisiana Construction Co.
129 U.S. 45 (1889)

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U.S. Supreme Court

New Orleans v. Louisiana Construction Co., 129 U.S. 45 (1889)

New Orleans v. Louisiana Construction Company

No. 1104

Submitted December 17, 1888

Decided January 7, 1889

129 U.S. 45

Syllabus

An intervention by third opposition, under §§ 395 to 400 of the Code of Practice of Louisiana, by a person claiming that property seized on execution is exempt from seizure and sale, is a proceeding at law, and as such, is reviewable upon writ of error.

The objection that third opposition cannot he availed of by a defendant in execution in regard to property situated as is the property in contention cannot be disposed of on a motion to dismiss or affirm.

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