Wadsworth v. Harris
Supreme Court of Louisiana
The defendant, Harris, having obtained a judgment against the plaintiff, in the state of Georgia, on producing an exemplification of the record, procured from the judge of the District Court for the parish of Caddo, an order of seizure and sale.
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The defendant, Harris, having obtained a judgment against the plaintiff, in the state of Georgia, on producing an exemplification of the record, procured from the judge of the District Court for the parish of Caddo, an order of seizure and sale. The plaintiff, in a petition addressed to ‘Washington Jenkins, parish judge for the parish of Caddo,’ averred that the amount for which’the said order of seizure had issued, with the costs, had been paid by him to' a former sheriff of that parish, but that no return had been made thereof; he prayed that an injunction might be issued prohibiting the…
1Opinion of the CourtMartin, J.
The defendant moved for the dissolution of the injunction, which the plaintiff had obtained, on the following grounds: first, the petition is addressed to the parish judge, while it ought to have been to the district court; and secondly, no citation was issued as the law requires. The injunction was dissolved, and the defendant had judgment against the plaintiff and his sureties, in solido, for ten per cent on the amount of the execution enjoined, with fifty dollars as special damages for his attorney’s fee, and costs of suit. The plaintiff appealed. It appears to us that the first error…
2Cited by5 opinions
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- Richardson v. NewmanLouisiana Court of Appeal · 1930