Florance v. Nixon
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE THIRD DISTRICT, THE JUDGE OF THE EIGHTH PRESIDING, This was a suit against the sureties of an injunction bond. The injunction was obtained to arrest a fi. fa. on a judgment which the plaintiffs had obtained against one Timmons. After it was dissolved, a fi. fa. was immediately issued, but neither the person or property of Timmons could be found.
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APPEAL FROM THE COURT OF THE THIRD DISTRICT, THE JUDGE OF THE EIGHTH PRESIDING, This was a suit against the sureties of an injunction bond. The injunction was obtained to arrest a fi. fa. on a judgment which the plaintiffs had obtained against one Timmons. After it was dissolved, a fi. fa. was immediately issued, but neither the person or property of Timmons could be found. The defendantswere then placed indelay byawritten demand, and failing to comply with the conditions of the bond, this suit was instituted. The petition set forth the original judgment obtained against Timmons, and that its…
1Opinion of the CourtPorter, J.
This action is brought against the sureties on an injunction bond. The petition states that the petitioners obtained judgment against one Joseph Timmons; that they were proceeding to carry this judgment into effect when they were stayed by an injunction from doing so, from December, 1827, until April, 1830.
That at the date last mentioned, the injunction was dissolved ; and that as soon after as possible, every effort was made to enforce the first judgment, but without effect, the sheriff “having returned that neither the person or property of said Timmons could be found in his parish, he, the…
2Cited by13 opinions
- Meyers v. BlockSupreme Court of the United States · 1887
- Tenth Ward Road Dist. No. 11 v. Texas & P. Ry. Co.Court of Appeals for the Fifth Circuit · 1926
- Albert Pick & Co. v. StringerSupreme Court of Louisiana · 1930
- Aiken v. LeathersSupreme Court of Louisiana · 1888
- Pendarvis v. Ormet CorporationCourt of Appeals for the Fifth Circuit · 1998
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