Crowley Bank & Trust Co. v. Hurd
Supreme Court of Louisiana
Appeal from Eighteenth Judicial District Court, Parish of Acadia; William Campbell, Judge. Action by the Crowley Bank & Trust Company against Charles H. Hurd. From judgment for plaintiff, defendant appeals, and plaintiff moves to dismiss.
1Opinion
On Application for Rehearing.
PROVOSTY, J.
The cases of Cumming v. Archinard, 1 La. Ann. 279, and Iberia Cypress Co. v. Christen, 112 La. 451, 36 South. 491, are easily distinguished from the present one. They were appeals; the present one is an injunction. An appeal can only lie from the writ of seizure and sale in its entirety; not so with an injunction, which may issue only against that part of the writ which is excessive. When the defendant in writ appeals from the entire writ, he does a thing he has the right to do; but when he enjoins the entire writ on the ground that a part of the…
2Cases cited2 opinions
- Cumming v. ArchinardSupreme Court of Louisiana · 1846
- Iberia Cypress Co. v. ChristenSupreme Court of Louisiana · 1904