Greiner v. Prendergast
Supreme Court of Louisiana
The plaintiff commenced an action before the District Court of the First District, to annul a judgment which had been obtained against him by the defendant, for $271 50 with interest, and $38 34 costs, claiming one thousand dollars as damages. A supplemental petition was filed, in which it was alleged that the defendant had, since the filing of the original petition, taken out an execution on the judgment obtained by him, and was proceeding to enforce the same.
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The plaintiff commenced an action before the District Court of the First District, to annul a judgment which had been obtained against him by the defendant, for $271 50 with interest, and $38 34 costs, claiming one thousand dollars as damages. A supplemental petition was filed, in which it was alleged that the defendant had, since the filing of the original petition, taken out an execution on the judgment obtained by him, and was proceeding to enforce the same. An injunction was accordingly prayed for, and granted on the execution of a bond, with Benjamin Levy as security, for the payment of…
1Opinion of the CourtMab-tin, J.
The defendant read his affidavit showing that he had obtained an injunction to stay the execution of a writ of fieri facias which had been issued against him; that the injunction had been dissolved ; that he had prayed for and obtained an appeal from the judgment dissolving the injunction, and had in due time filed the transcript of the record in this court; and that, afterwards, the judge a quo set aside the said appeal.
On this he moved for a writ of prohibition inhibiting the judge from issuing any execution on the said judgment, and commanding him to rescind the order suspending the…
2Cited by9 opinions
- State ex rel. Howell v. EcheveriaSupreme Court of Louisiana · 1881
- Adams v. TilleyWest Virginia Supreme Court · 1920
- Pumphrey v. DelahoussayeSupreme Court of Louisiana · 1844
- Copeland v. New England Marine InsuranceMassachusetts Supreme Judicial Court · 1841
- Greiner v. PrendergastSupreme Court of Louisiana · 1848
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