American Brick Co. v. Tulane Investment Co.

Plaintiff, a materialman, sued the defendants, the contractor and the owner of real estate, in solido and asked for maintenance and recognition of its materialman’s lien and privilege on the improvement and land upon which it was situated. There was judgment in favor of the plaintiff as prayed for, and only the defendant owner appealed both suspensively and devolutively.

An appeal bond was furnished, and the plaintiff took a rule to show cause why the appeal should not be dismissed because of insufficient assets of the surety. On the trial of the rule the judge a quo made the rule absolute,…