American Budget Plan, Inc. v. Small

SAMUEL Judge.

In this suit for foreclosure by executory proceeding to enforce a mortgage on immovable property the defendant filed a petition for an injunction to arrest the seizure and sale and obtained a temporary restraining order preventing the sheriff from selling the property. Following a hearing on the rule to show cause why a preliminary injunction should not issue, there was judgment denying the application for preliminary injunction and revoking the temporary restraining order previously issued. On application of the defendant we granted certiorari to determine the validity of the…