Supreme Court of Louisiana October 15, 1826 (Clarke v. Wright)

Porter, J.

delivered the opinion of the court. This is an action against a sheriff for failing to arrest a defendant on a writ of *123mesne process. The defence is, that at the time the process came into his hands, the defendant had filed, in the office of the clerk of the court, a petition praying that a meeting of his creditors might he called and he permitted to surrender his property; and