Malain v. Judge of the Third Judicial District

The opinion of the court was delivered by

Manning, O. J.

E. C. Malain and Jasper Gall allege that the first *794named had obtained an injunction, restraining the execution of a writ of' fieri facias against his property, upon a judgment for seven thousand dollars in favor of I. C. Cade, which injunction' was dissolved with two ■ hundred dollars damages. Gall was the surety on the injunction bond,. and its amount is one thousand dollars.

A suspensive appeal was prayed from this judgment, which was refused by the district judge unless the parties executed an appeal bond exceeding by one half the…