Broadwell v. Rodrigues
Supreme Court of Louisiana
APPEAL from the Sixth District Court of New Orleans, — The only-question presented for decision in this case is, whether the clause inserted. in the act of mortgage, dispensing with the appraisement required by articles 673 and 745 of the Code of Practice, in case of a judicial sale, is. valid in law? . A proper solution of this question depends on the application of a. familiar principle of law, rather awkwardly expressed in the first para-• graph of the 11th article of the…
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APPEAL from the Sixth District Court of New Orleans, — The only-question presented for decision in this case is, whether the clause inserted. in the act of mortgage, dispensing with the appraisement required by articles 673 and 745 of the Code of Practice, in case of a judicial sale, is. valid in law? . A proper solution of this question depends on the application of a. familiar principle of law, rather awkwardly expressed in the first para-• graph of the 11th article of the Civil Code, that “individuals cannot, by their conventions, derogate from the force of laws made for the preservation…
1Opinion of the CourtLushest, J.
The only point raised in the present injunction suit, is, whether the clause inserted in the act of mortgage, dispensing with the appraisement required by Art. 673 and 745 of the Code of Practice, in a case of a judgment sale, is valid in law.
The plaintiff in injunctidn contends that all laws regulating the enforcement of legal obligations through the agency of the judicial department of the government, are public laws; and that an action brought in a court of justice is the interposition of the public power of the State, through the judiciary, for the vindication of a private right; that…
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