Meaux v. Pittman
Supreme Court of Louisiana
APPEAL from the Eighth District Court, Parish of Madison., Felony, J. 1. In a suit for damages on an injunction bond, if the record shows that the equitable remedy of injunction has been abused and the administration of justice has been trifled with, then, and in such case the, court will assess against such party the highest damages allowed by law. 23 An. 799. ' 2. There is no doubt that the decree for the issuance of the executory process is a final judg* , menfc,…
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APPEAL from the Eighth District Court, Parish of Madison., Felony, J. 1. In a suit for damages on an injunction bond, if the record shows that the equitable remedy of injunction has been abused and the administration of justice has been trifled with, then, and in such case the, court will assess against such party the highest damages allowed by law. 23 An. 799. ' 2. There is no doubt that the decree for the issuance of the executory process is a final judg* , menfc, exhausting the power of the court quoad the application, leaving nothing to he decided and no contest or issne between the…
1Opinion of the Court
The opinion of the Court was delivered by
JPoché, J.
This is an action for damages against the principal and his surety on an injunction bond, and is predicated on the following facts and proceedings:
As holder of several promissory notes secured by- mortgage and vendor’s privilege on a plantation owned by tbe defendant, Pittman, plaintiff sued out executory process against the mortgaged property ihi ISiovember, 1879.
• On showing that he was a resident of. the State .of Mississippi,-, defendant obtained an order of removal of the case to the United *361States Circuit Court, District of Louisiana,…
2Cases cited1 opinion
- Benson v. SmithSupreme Court of Louisiana · 1830
3Cited by12 opinions
- Alabama-Florida Co. v. MaysSupreme Court of Florida · 1933
- Hunt v. HillSupreme Court of Louisiana · 1915
- Whitney-Central Nat. Bank v. SinnottSupreme Court of Louisiana · 1914
- Albert Pick & Co. v. StringerSupreme Court of Louisiana · 1930
- Evasovich v. CognevichSupreme Court of Louisiana · 1925
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