Legal Opinion

Nulty v. Jung

Louisiana Court of Appeal

Decided July 1, 1904No. 3429Published

Appeal from Civil District Court, Division “B.” It is settled jurisprudence that attorney’s fees are not recoverable when no exclusive or distinct services are rendered in dissolving a writ of injunction, and where 't'he dissolution of the writ is practically the result of a trial on the merits of the cause.

1Opinion of the Court

Qn Rehearing.

DUFOUR, J.

Jung & Co., judgment creditors of Edward Nulty, seized under fi-fa certain property to wlhidh Mrs. Nulty by the usual affidavit made claim and for which she demanded an indemnity bond.

The same having been given, she sued out an injunction against the seizure, alleging the ownership and claiming damages.

After a hearing on the merits, her demand was rejected and the injunction was dissolved, and we affirmed1 float judgment. ,

On the application for a rehearing the complaint is for the first time ¡made that attorney’s fees were erroneously allowed.

The point, though tardily…

2Cases cited1 opinion

  1. State ex rel. Cavignac v. AucoinSupreme Court of Louisiana · 1903

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