Brantley v. Pruitt
Supreme Court of Louisiana
1DissentO’Niell, C. J.
My opinion is that the penalty prescribed by article 304 of the Code of Practice is applicable only where the execution of a judgment is prevented by injunction, and is not applicable where the injunction prevents only the seizure and sale of some particular article or piece of property. If it were not so there would he no reason for compelling the judge to base the 8 per cent, interest per annum, and the punitory damages not exceeding 20 per cent., “on the amount of the judgment.” This court has observed heretofore that the damages which are allowed under this article of the Code of…
2Cases cited4 opinions
- Whitney-Central Nat. Bank v. SinnottSupreme Court of Louisiana · 1914
- Meaux v. PittmanSupreme Court of Louisiana · 1883
- Rivet v. George M. Murrell Planting & Mfg. Co.Supreme Court of Louisiana · 1908
- Betts v. MouginSupreme Court of Louisiana · 1860