Pearce v. Gunter

SAVOY, Judge.

The question of law presented on this appeal is whether summary procedure may be used by the plaintiff in obtaining a mandatory injunction through a rule nisi to require the penning of cattle for brucel-losis testing.

Plaintiff instituted suit for a mandatory injunction to enforce the provisions of LSA-R.S. 3:2221 and requiring the defendant to restrain his cattle for identification and brucellosis testing. The prayer of plaintiff’s petition was (1) for issuance of a rule nisi requiring the defendant to show cause why a mandatory injunction should not issue ordering him to confine…