Legal Opinion

Gibson v. Selby

Supreme Court of Louisiana

Decided March 15, 1848PublishedCited by 3 opinions

APPEAL from the District Court of Carroll, Curry, L This case was .argued on .a motiou to dismiss. Gi.bson is the only party plaintiff, and Selby the only party defendant in the present action. It is true, the judgment dissolving the injunction is rendered against the present plaintiff and his surety. But the judgment against the surety is only incidental, and .is effective in so far only as the principal judgment against the plaintiff can be maintained.

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APPEAL from the District Court of Carroll, Curry, L This case was .argued on .a motiou to dismiss. Gi.bson is the only party plaintiff, and Selby the only party defendant in the present action. It is true, the judgment dissolving the injunction is rendered against the present plaintiff and his surety. But the judgment against the surety is only incidental, and .is effective in so far only as the principal judgment against the plaintiff can be maintained. It is only where a party to the suit, having» real adverse interest to the appellant, is not cited, that the appeal will be dismissed. Here…

1Opinion of the Court

The judgment of the court was pronounced by

Kins, J.

The appellee has moved to dismiss this appeal on the ground, among others, that all of the parties contradictorily with whom the judgment was rendei'ed have not been made parties to the appeal, and that the appellee himself has not been cited.

Gibson, the appellant, enjoined the execution of a fieri facias, and sought in the same action to annul the judgment under which the writ was issued. The injunction was dissolved, and the plaintiff and his surety on the bond were condemned in solido to pay interest and damages on the amount-of the…

2Cases cited2 opinions

  1. Kellogg v. ClarkSupreme Court of Louisiana · 1840
  2. Drew v. AtchisonSupreme Court of Louisiana · 1842

3Cited by3 opinions

  1. Carlson v. EwingSupreme Court of Louisiana · 1951
  2. McCutchen v. HudsonSupreme Court of Louisiana · 1913
  3. Succession of Le SageSupreme Court of Louisiana · 1903

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