Gossett v. Cashell
Supreme Court of Louisiana
Eastern Dist. APPEAL FROM THE COURT OF THE SECOND JUDICIAL DISTRICT, FOR THE PARISH OF ASSUMPTION, JUDGE COOLEY, THEN OF THE FOURTH DISTRICT, PRESIDING. This is an appeal from a judgment of the District Court, setting aside the sequestration, because the surety in the bond did not reside within the jurisdiction of the court, as required by law.
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Eastern Dist. APPEAL FROM THE COURT OF THE SECOND JUDICIAL DISTRICT, FOR THE PARISH OF ASSUMPTION, JUDGE COOLEY, THEN OF THE FOURTH DISTRICT, PRESIDING. This is an appeal from a judgment of the District Court, setting aside the sequestration, because the surety in the bond did not reside within the jurisdiction of the court, as required by law. The facfs are, that the suit was instituted in the parish of Assumption, in which the plaintiff obtained an order to sequester the crop, then growing on the defendant’s plantation. The defendant being absent, a curator ad hoc was appointed, who moved…
1Opinion of the CourtMartin, J.
The plaintifTis appellant from an interlocutory judgment setting aside a writ of sequestration. It is contended that an appeal does not lie in this case, because the judgment is not final, and works no irreparable injury. This question is not res nova, and was settled in the case of the “State vs. Judge Lewis,” 9 Martin, 301, in which we held, that this objection was not a sufficient cause for the discharge of a mandamus nisi to the judge of the first district.
*246The sequestration was set aside on a suggestion that the surety in the bond was not domiciliated in the parish.. It appears that this…
2Cases cited1 opinion
- Fleming v. ConradSupreme Court of Louisiana · 1822
3Cited by3 opinions
- Clement v. NaquinLouisiana Court of Appeal · 1963
- Wells v. WalkerSupreme Court of Louisiana · 1872
- McCook v. WillisSupreme Court of Louisiana · 1876