Legal Opinion

Day v. Bailey

Supreme Court of Louisiana

Decided April 9, 1906No. 15,862PublishedCited by 15 opinions

Appeal from Twenty-Sixth Judicial District Court, Parish of St. Tammany; Thomas Moore Burns, Judge. Action by William G. Day and William L. Wright against H. C. Bailey and others. Judgment for defendants, and plaintiffs appeal.

1Opinion of the CourtProvosty, J.

Plaintiffs enjoined defendant from disposing of certain notes. On rule the injunction was dissolved. Plaintiffs appealed and the court fixed the bond at $100.

Four days later the main suit was tried on exception of no cause of action, and from a judgment sustaining the exception plaintiff obtained an order for a suspensive appeal. The order, however, did not fix the amount of the bond, but directed that the bond be furnished “in the sum provided by law.”

Plaintiffs furnished one bond in the sum of $6,000, which recites that it is given for the two appeals.

Defendant moves to dismiss the first…

2Cases cited5 opinions

  1. Pelletier v. State Nat. BankSupreme Court of Louisiana · 1904
  2. State ex rel. Wassell v. Judge of the Fourth District CourtSupreme Court of Louisiana · 1870
  3. State ex rel. Cain v. KingSupreme Court of Louisiana · 1888
  4. Succession of ParkerSupreme Court of Louisiana · 1866
  5. State ex rel. Board Metropolitan Police v. Judge of the Sixth District Court for the Parish of OrleansSupreme Court of Louisiana · 1869

3Cited by15 opinions

  1. Pan-American Bank & Trust Co. v. RansomSupreme Court of Louisiana · 1921
  2. Gottlieb-Knox-Amiss Ins. Agency v. Henry Cohn, Jr., Co.Supreme Court of Louisiana · 1910
  3. Hawkins v. ShropshireLouisiana Court of Appeal · 1973
  4. Viguerie v. ViguerieSupreme Court of Louisiana · 1913
  5. Watson v. SchmidtSupreme Court of Louisiana · 1931

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