Legal Opinion

State v. Judge of the First District

Supreme Court of Louisiana

Decided July 15, 1841PublishedCited by 13 opinions

Eastern Dis. ON AST ATDLICATION TOR A WRIT OB rROIIlBITION, Ilf THE MATTER 03? THE OITT BANK OE NEW ORLEANS VS. D. T. WALDEN. This cáse comes up on a rule taken by D. T. Walden? on the District Judge of the first judicial district, to show cause why a writ of prohibition should not issue, commanding him to abstain from all further proceedings in the case of the City Bank of New Orleans, against D. T. Walden.

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Eastern Dis. ON AST ATDLICATION TOR A WRIT OB rROIIlBITION, Ilf THE MATTER 03? THE OITT BANK OE NEW ORLEANS VS. D. T. WALDEN. This cáse comes up on a rule taken by D. T. Walden? on the District Judge of the first judicial district, to show cause why a writ of prohibition should not issue, commanding him to abstain from all further proceedings in the case of the City Bank of New Orleans, against D. T. Walden. The petitioner, Walden, alleges that on the 26th of October, 1840, he commenced suit against the said City Bank to annul certain mortgages given by him to the Bank, on the ground that…

1Opinion of the CourtSimon, J.

This is an application, for a writ of prohibition. The applicant, D. T. Walden, alleges that on the 26th of October, 1840, he instituted a suit against the City Bank, praying that two mortgages executed by public act, amounting together to $200,000, be declared null and void; that in the mean time he obtained an order enjoining the said bank from suing out any order of seizure and sale on the said mortgages, and gave the bond and security required by the court. That on the tenth of November ensuing, a rule was taken to dissolve the. injunction, which was set aside by the court with damages,…

2Cases cited2 opinions

  1. Pemberton v. ZacharieSupreme Court of Louisiana · 1832
  2. Pemberton v. ZacharieSupreme Court of Louisiana · 1833

3Cited by13 opinions

  1. Gleason v. WisdomSupreme Court of Louisiana · 1908
  2. Ruppert v. FontenotSupreme Court of Louisiana · 1915
  3. Malain v. Judge of the Third Judicial DistrictSupreme Court of Louisiana · 1877
  4. Parks v. HughesSupreme Court of Louisiana · 1918
  5. State ex rel. Algiers Brewing Co. v. KingSupreme Court of Louisiana · 1894

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