David Josiah Brewer

“ One proposition alone requires notice. This was an action by a creditor of the state, not against his debtor, but against its debtors, to secure an appropriation of their debts to it to the satisfaction of its obligations to him. It is a proceeding of a garnishee nature. The appearance of the state, voluntarily, its application to be made a party pro interesse suo, may avoid all questions as to the right of the plaintiff to maintain this suit. Conceding that such a suit is proper, it still remains in the nature of a personal action by one individual against another. ”

“ Association v. Lord, 35 La. Ann. 438. That case was the counterpart of this, and the final conclusion of that court was against the right to maintain the action and on the ground of the staleness of the claim. ”