Legal Opinion

Cooper v. Federal Land Bank of New Orleans

Louisiana Court of Appeal

Decided October 3, 1940No. 2142Published

1Opinion

On the Merits.

The plaintiff, in a suit for an injunction to prevent the sale of his property under a writ, cannot withhold grounds which should have been set up in a prior suit for the same purpose, and then, after being defeated in the first suit, file another suit for the same purpose and re-urge the grounds set up in the first suit and add to them the additional grounds withheld in the first action. To permit such a practice would enable a debtor to file almost an endless chain-!of-■ suits to enjoin the sale *825of the seized property by alleging only one or more of several grounds and…

2Cases cited3 opinions

  1. Porter v. MoréreSupreme Court of Louisiana · 1878
  2. Brooks v. MageeSupreme Court of Louisiana · 1910
  3. Givens v. Arcadia Cotton Oil & Mfg. Co.Louisiana Court of Appeal · 1937

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