State ex rel. Algiers Brewing Co. v. King
Supreme Court of Louisiana
y^PPLICATION for Mandamus and Prohibition. 1. On this application the only issue is whether the relator is entitled to a suspensive appeal from the ex pw'te order appointing a receiver — the correctness of the judgment will be passed upon when the record is brought up regularly for review.
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y^PPLICATION for Mandamus and Prohibition. 1. On this application the only issue is whether the relator is entitled to a suspensive appeal from the ex pw'te order appointing a receiver — the correctness of the judgment will be passed upon when the record is brought up regularly for review. Ex pcvrte Emanuel, 4 An. 424; Street’s Case, 85 An. 516; Ingram’s Case, 20 An'. 530; Cain’s Case, 20 An. 574; Geddes’ Case, 36 An. 302, 210. 2. An affidavit by a third person, showing the nature and extent of his interest and the irreparable injury to be suffered, is according to the received practice; if…
1Opinion of the Court
The opinion of the court was delivered by
Breaux, J.
The relator is engaged in the business of brewing and selling beer and is the owner of a brewery.
On 28th August, 1898, the Lafayette Bank of Missouri, claiming to be a creditor, instituted suit and applied for the appointment of a receiver.
A receiver was appointed; he qualified and took possession of the property.
The relator moved the court to grant it a suspensive appeal from the judgment appointing a receiver, as well as from all other orders granted under the order of appointment.
The court declined to grant the motion.
The writs applied for…
2Cited by5 opinions
- State ex rel. Byrnes v. SommervilleSupreme Court of Louisiana · 1903
- State v. BreauxSupreme Court of Louisiana · 1923
- Succession of EstevesSupreme Court of Louisiana · 1935
- W. L. Nelson & Co. v. Adolphe Rocquet & Co.Supreme Court of Louisiana · 1909
- Kelly v. CapertonSupreme Court of Louisiana · 1929