Fallin v. J. J. Stovall & Sons, Ltd.
Supreme Court of Louisiana
Appeal from Fifth Judicial District Court, Parish of Winn; Moss, Judge. Action by B. F. Fallin to enjoin proceedings by J. J. Stovall & Sons, Limited, on a writ of scire facias in execution, in which plaintiff’s father intervened, claiming ownership of part of the property seized. Judgment for plaintiff condemning defendant to pay attorney’s fees, motion for new trial overruled, and defendant appeals, and plaintiff, answering, prayed that the award in his favor be increased.
1Opinion
On Rehearing.
PROVOSTY, J.
The judgment appealed from condemned the defendants to pay the costs and maintained the injunction as to the mule. The defendants did not appeal from the judgment in those two respects. They expressly restricted their appeal to that part of the judgment maintaining the injunction as to the peanuts and awarding attorney’s fees. The judgment is therefore open to review only as to the peanuts and attorney’s fees.
On the question of the peanuts we find no reason for changing the conclusion heretofore arrived at, that the peanuts were intended for sale, and not to be kept…
2Cases cited6 opinions
- White v. GivensSupreme Court of Louisiana · 1877
- Oxford v. ColvinSupreme Court of Louisiana · 1914
- Chappuis v. PrestonSupreme Court of Louisiana · 1876
- Flynn v. RhodesSupreme Court of Louisiana · 1857
- Neveu v. VoorhiesSupreme Court of Louisiana · 1859
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