Bank of Houma v. Citizens' Ice & Mfg. Co.
Supreme Court of Louisiana
Action by the Bank of Houma against the Citizens’ Ice & Manufacturing Company, Limited, M. D. McBride, and others. There was a judgment for the plaintiff, and defendant McBride petitioned for an injunction against levy of execution. The injunction was denied, and petitioner moved for a suspensive appeal which was also denied, and petitioner moved in the Supreme Court for mandamus and prohibition.
1Opinion of the CourtBreaux, C. J.
One of a number of sureties in solido asks to be released from paying a fee of attorney, and propounds the question, substantially, whether, after judgment has been obtained, fixing the amount due by each of the sureties, he can be made to pay the fee no,t paid by three of the co-sureties in solido?
All the sureties were condemned to pay the fee.
*271It must first be stated that the amount due by these sureties was $4,500, with S per cent, interest from February, 1910, together with 10 per cent, additional upon principal and interest > as attorney’s fee, for which judgment was obtained against all…
2Cited by5 opinions
- State v. RichardsonSupreme Court of Louisiana · 1951
- Paul v. TabonySupreme Court of Louisiana · 1924
- Heintz v. HoldSupreme Court of Louisiana · 1913
- Roseman v. FetzlerSupreme Court of Louisiana · 1924
- State ex rel. Truxillo v. GilbertLouisiana Court of Appeal · 1930