Dorsey v. Phelan
Supreme Court of Louisiana
Appeal from the District Court for the parish of Carroll, Ten-ney, J. This was an action by the plaintiff against James Phelan, as tutor of certain minors, and John D. Harding, as sheriff of the parish of Carroll, for the purpose of enjoining the latter from selling certain negroes alleged tobe the separate property of plaintiff’s wife, which had been seized by him under an execution in a suit of the said Phelan against the plaintiff.
Read the full summary
Appeal from the District Court for the parish of Carroll, Ten-ney, J. This was an action by the plaintiff against James Phelan, as tutor of certain minors, and John D. Harding, as sheriff of the parish of Carroll, for the purpose of enjoining the latter from selling certain negroes alleged tobe the separate property of plaintiff’s wife, which had been seized by him under an execution in a suit of the said Phelan against the plaintiff. The injunction was dissolved with damages, and the plaintiff appealed.
1Opinion of the CourtMartin, J.
The applicant has put this case before us, on an as- - signment of errors, to wit:
1. The motion for a new trial was made before signing judgment, and never overruled.
2. The court erred in deciding that it was necessary that the order for the injunction should he made returnable to the district court.
3. The court should not have dissolved the injunction, because the plaintiff showed such facts as yvould entitle him immediately to a new injunction.
4. All judgments must be entered at length on the minutes of the court.
I. The record shows that the motion for a new trial was overruled .on the same…
2Cited by4 opinions
- Crislip v. CainWest Virginia Supreme Court · 1882
- Gillespie v. BaileyWest Virginia Supreme Court · 1877
- Richmond v. RichmondWest Virginia Supreme Court · 1907
- Repass v. MooreSupreme Court of Virginia · 1898