Griffith v. Buie
Supreme Court of Louisiana
Suit by John K. Griffith and others against Duncan Buie, State Highway Engineer, and others to enjoin the carrying out of a road construction contract, in which a temporary injunction was dissolved, and plaintiffs asked an order for suspensive appeal, which was denied unless they would furnish another injunction bond, and plaintiffs, as relators, seek writs of certiorari and of mandamus to compel granting of such appeal and of prohibition to prohibit the judge from making…
Read the full summary
Suit by John K. Griffith and others against Duncan Buie, State Highway Engineer, and others to enjoin the carrying out of a road construction contract, in which a temporary injunction was dissolved, and plaintiffs asked an order for suspensive appeal, which was denied unless they would furnish another injunction bond, and plaintiffs, as relators, seek writs of certiorari and of mandamus to compel granting of such appeal and of prohibition to prohibit the judge from making the furnishing of such bond a condition precedent to a suspensive appeal.
1Opinion of the CourtO’Niell, J.
The question presented in this proceeding is whether a district judge, after having dissolved a writ of injunction on the face of the pleadings, retains authority to require that the plaintiff in the injunction suit shall furnish an additional bond to secure the defendant against any damages that may be occasioned by the writ of injunction pending a suspensive appeal from the judgment dissolving the writ. By suspensive appeal we mean an appeal that would maintain the injunction in force without compliance with the order to furnish an additional appeal bond.
The proceedings that gave rise to…
2Cases cited1 opinion
- Parks v. HughesSupreme Court of Louisiana · 1918