Leeds v. Yeatman
Supreme Court of Louisiana
Eastern Dist. APPEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW-OR.LEANS. The firm of Yeatman, Woods & Co. obtained an order of seizure and sale of sundry slaves and property of Jedediah Leeds, and the sheriff was proceeding to sell it. Leeds made opposition to the order, and obtained an injunction to stay the sale with T. It. Hyde, Esq., as his surety in the injunction bond.
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Eastern Dist. APPEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW-OR.LEANS. The firm of Yeatman, Woods & Co. obtained an order of seizure and sale of sundry slaves and property of Jedediah Leeds, and the sheriff was proceeding to sell it. Leeds made opposition to the order, and obtained an injunction to stay the sale with T. It. Hyde, Esq., as his surety in the injunction bond. A rule was taken on the plaintiffs in injunction, to show cause why it should not be dissolved. On hearing the rule, the parish judge dissolved the injunction at the costs of the plaintiff therein. The…
1Opinion of the CourtBullard, J.
The appellee has moved to dismiss the appeal, on the ground that no security has been given, and lie contends, that a bond, signed as surety by the same person who was already surety on the injunction bond, offers no new security to him.
We are of opinion, that the conditions of the two bonds being different, the original one being only for damages consequent on the wrongful suing out of the injunction, and the last, that the surety will pay the judgment to be rendered on the appeal, the same person may well sign both, if otherwise unexceptionable; unless he has been, by the judgment appéaled…
2Cited by4 opinions
- Barrow v. ClackSupreme Court of Louisiana · 1893
- Barrow v. ClackSupreme Court of Louisiana · 1893
- Bowman v. KaufmanSupreme Court of Louisiana · 1878
- Howell v. CronanSupreme Court of Louisiana · 1879