Brugier v. Miller
Supreme Court of Louisiana
Appeal from Twenty-Sixth Judicial District Court, Parish of St. Tammany; Thomas Moore Burns, Judge. Action by Oscar R. Brugier against Benjamin M. Miller and Charles L. Hosmer, receiver of the Slidell Company, Limited, intervener. Judgment for plaintiff, and the intervener appeals.
1Opinion
On the Merits.
The judge a quo decided that an intervention and third opposition are not permissible in a proceeding via executiva unless an injunction be obtained, and cited the cases of Zunts v. Comen, 10 La. Ann. 433; Calhoun v. Bank, 30 La. Ann. 781, and Chambliss v. Atchison, 2 La. Ann. 488, as sustaining that view. We think our learned brother has somewhat misapprehended the immediate issues determined in those cases. In the case first mentioned it was held that, no injunction having been obtained, the execution of an order of seizure and sale could not be arrested by the mere…
2Cases cited3 opinions
- Calhoun v. Mechanics' & Traders' BankSupreme Court of Louisiana · 1878
- Chambliss v. AtchisonSupreme Court of Louisiana · 1847
- Zuntz v. CornenSupreme Court of Louisiana · 1855