Puckette v. Hicks

The opinion of the Court was delivered by

Fenner, J.

The application is for a mandamus to compel the respondent judge to grant a suspensive appeal from an order dissolving a preliminary injunction on bond.

Art. 566, C. P., provides: “ One may likewise appeal from all interlocutory judgments, when such judgment may cause him an irreparable injury.”

Art. 307, C. P., authorizes the courts, “in their discretion,” to dissolve an injunction on bond, “whenever the act prohibited by the injunction is not such as may work an irreparable injury to the plaintiff.”

It is held that the discretion thus vested…