Legal Opinion

State v. Judge of the First District

Supreme Court of Louisiana

Decided July 15, 1841PublishedCited by 13 opinions

Eastern- Vis. ají ArrucATiojf von a writ or PRonniiTiox, in the matter or lARTIGUE VS. IEET & MOUTH. This case arises on an application for a writ of prohibition to the Judge of the first judicial district requiring the piaintiffin cxecution, Lartigue and the sheriff executing it, to abstain from and stop all proceedings under the judgment and execution, until the defendants therein, Peet & North, can he heard on appeal.

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Eastern- Vis. ají ArrucATiojf von a writ or PRonniiTiox, in the matter or lARTIGUE VS. IEET & MOUTH. This case arises on an application for a writ of prohibition to the Judge of the first judicial district requiring the piaintiffin cxecution, Lartigue and the sheriff executing it, to abstain from and stop all proceedings under the judgment and execution, until the defendants therein, Peet & North, can he heard on appeal. The facts show, that Lartigue obtained a judgment against . , ° Feet & North, in the district court, for $607 50, upon which the latter prayed a suspensive appeal, and filed…

1Opinion of the Court

Simon,- J.

delivered the opinion of the court on this application.

This case is brought before us on a rule obtained by the defendants, requiring the judge of the district court, the sheriff *176and the plaintiff, to show cause, why a writ of prohibition should not issue. The applicants represent, that on the 19th of April, 1841, a final judgment was rendered against them in the district court of the first judicial district in favor of the plaintiff; that on the 28th of the same month they presented their petition of appeal, and gave bond and security according to law, to operate a stay of…

2Cases cited2 opinions

  1. State v. BuchananSupreme Court of Louisiana · 1839
  2. State v. Judge of the First District CourtSupreme Court of Louisiana · 1841

3Cited by13 opinions

  1. State ex rel. Johnson v. Judge of the Fifth District Court of the Parish of OrleansSupreme Court of Louisiana · 1869
  2. Stanton v. ParkerSupreme Court of Louisiana · 1842
  3. State ex rel. Wassell v. Judge of the Fourth District CourtSupreme Court of Louisiana · 1870
  4. State ex rel. BoyeSupreme Court of Louisiana · 1866
  5. Zavaglia v. NotarbartoloSupreme Court of Louisiana · 1915

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