Osborne v. Clayton
Supreme Court of Louisiana
Appeal from the Parish Court of New Orleans, Maurian, J. The plaintiff having enjoined the execution of a judgment obtained against him by the defendants, a rule was taken on the former to show cause why the injunction should not be dissolved, with damages, on the ground that the petition discloses no legal ground for issuing it. The defendants are appellants from an order discharging the rule.
1Opinion of the CourtMorphy, J.
The defendants are appellants from a decree overruling a motion to dissolve an injunction, sued out by the plaintiff to stay the execution of a judgment they had obtained against him in the inferior court. This appeal is clearly premature, as the order made on the trial of the motion is an interlocutory, not a final, decree. It works no irreparable injury to the appellants. The error, if any has been committed, can be corrected by appeal from the final judgment in the case. Code Pract., art. 566.
Appeal dismissed.
2Cited by3 opinions
- Keegan v. Board of Com'rsSupreme Court of Louisiana · 1923
- Castell Land & Harbor Co. v. RobertsSupreme Court of Louisiana · 1923
- Wendling v. Dixie Ice Mfg. Co.Supreme Court of Louisiana · 1908