Gault v. Goldthwaite

Article 3935, Paschal’s Digest, reads as follows : “ Upon the dissolution of an injunction, either in whole or in part, when the collection of money has been enjoined, if the court be satisfied that the injunction was obtained only for delay, damages thereon shall be assessed by the court at ten per cent, on the amount released by dissolution of the injunction, exclusive óf costs; and in all other cases the damages shall be assessed by a jury sworn for that purpose; if neither party require a jury, the damages may be assessed by the court.”

We think the law, in its just remedial contemplation,…