New Orleans v. Gaines' Administrator - 131 U.S. 191 (1889)

U.S. Supreme Court

New Orleans v. Gaines' Administrator, 131 U.S. 191 (1889)

New Orleans v. Gaines' Administrator

No. 4

Argued October 13-14, 1887

Decided May 13, 1889

131 U.S. 191

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE EASTERN DISTRICT OF LOUISIANA

Syllabus

By the French jurisprudence prevailing in Louisiana, a creditor may exercise the rights of action of his debtor, a right analogous to the garnishee or trustee process in some states.

This right cannot be enforced in the federal courts by an action at law, but by a suit in equity, on the principle of subrogation.