Dastugue v. Cohen

Relator seeks by mandamus to compel the Judge of Division “E” of the Civil District Court to grant an appeal from an order refusing to permit him to bond an injunction. It is alleged that the injunction is temporary and relator’s right to bond absolute; C. P. 307; Barthe vs. Judge, 28 La. Ann 903; Doullert vs. Judge, 29 La. Ann. 869.

The respondent Judge justifies his refusal to grant the appeal upon the ground that Art. 307 C. P. permits defendant to bond, in the discretion of the court only when the act prohibited by the injunction would not work irreparable injury, which is not true, he…