Legal Opinion

Hodgson v. Roth

Supreme Court of Louisiana

Decided May 15, 1881No. 8223PublishedCited by 6 opinions

APPEAL from the Twenty-third Judicial District Court, parish of Iberville. Cole, J. First — The amended petition was improperly allowed. Being offered on the day of trial it was too late. The injunction having issued without bond, no ground requiring a bond could be considered. 31 An. 112; 30 An. 1164. Amendments to petitions for injunction not allowed.

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APPEAL from the Twenty-third Judicial District Court, parish of Iberville. Cole, J. First — The amended petition was improperly allowed. Being offered on the day of trial it was too late. The injunction having issued without bond, no ground requiring a bond could be considered. 31 An. 112; 30 An. 1164. Amendments to petitions for injunction not allowed. Rhodes vs. Union Bank, 7 R. 63; Bayley vs. Tate, 10 R. 45. The pendency of a suit to evict whioh was the averment of the amended petition, requires a bond. O. P. 298-309. The amended petition filed May 18, 1880, has never been allowed or…

1Opinion of the Court

The opinion of the Court was delivered by

Poché, J.

A statement of the main facts underlying this litigation is necessary to a proper understanding of the issues presented by the pleadings.

By an authentic act, under date of July 31, 1877, which was ratified in another authentic act on the 24th of August, 1877, Mrs. Ella Both, the defendant, purchased from Widow Norbert Marionneaux, her mother and former natural tutrix, all the rights,titles, interest and claims of the latter in the property belonging to the succession of her deceased husband (defendant’s father), accruing to her as surviving…

2Cited by6 opinions

  1. T. Hofman-Olsen, Inc. v. Northern Lumber Mfg. Co.Supreme Court of Louisiana · 1926
  2. Babst v. HartzSupreme Court of Louisiana · 1926
  3. Marine Bank & Trust Co. v. ShafferSupreme Court of Louisiana · 1922
  4. Clarke Co. v. BourgeoisLouisiana Court of Appeal · 1926
  5. Crain v. Federal Land BankLouisiana Court of Appeal · 1931

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