Legal Opinion

Rhodes v. Black

Supreme Court of Louisiana

Decided March 15, 1882No. 8560Published

APPEAL from the Eighth Judicial District Court, Parish of East Carroll. Deloney, J. If one of the parties to a contract or written obligation fail or refuse to sign, the obligation is not complete, and it is not binding on the others who have already affixed their signatures. Wells vs- Dill, 1 N. S. 592; Pothier on Obligations, Ho. 11; 4 A. 546; 2 A. 592; Curtis et> al. vs. Moss et al., 2 R. 307; G.H.

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APPEAL from the Eighth Judicial District Court, Parish of East Carroll. Deloney, J. If one of the parties to a contract or written obligation fail or refuse to sign, the obligation is not complete, and it is not binding on the others who have already affixed their signatures. Wells vs- Dill, 1 N. S. 592; Pothier on Obligations, Ho. 11; 4 A. 546; 2 A. 592; Curtis et> al. vs. Moss et al., 2 R. 307; G.H. S. 400. Injunctions are matters of strict law; and all proceedings prescribed by law to obtain this process must bo strictly complied with, under pain of nullity. The execution of a valid and…

1Opinion of the Court

The opinion of the Court was delivered by

Bermudez, C. J.

This is a petitory aetiou coupled with an injunction.

The plaintiff claims to be the owner of real estate against which executory process issued, in the suit of Black vs. Davis, these being the defendants herein.

From' a judgment dissolving the injunction; on a rule by Black, the plaintiff appeals.

The rule was based upon the following grounds :

1. The incompleteness of the bond, as not signed by all therein named as sureties.

2. The insufficiency in amount, hot being for one-half over and above the estimated value of the specific property,…

2Cases cited1 opinion

  1. Van Schaick v. WannemacherSupreme Court of Pennsylvania · 1886

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