Legal Opinion

Gusman v. DePoret

Supreme Court of Louisiana

Decided March 15, 1881No. 7830PublishedCited by 3 opinions

A PPEAL from the Fifth Judicial District Court, Parish of East Baton Bouge. Me Vea, J. 'When a new trial is granted, the writ of fi. fa. must issue upon the judgment rendered therein, and not upon the first judgment, although the two judgments may be similar. .-Fraud is a valid ground of injunction, for fraud vitiates everything.

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A PPEAL from the Fifth Judicial District Court, Parish of East Baton Bouge. Me Vea, J. 'When a new trial is granted, the writ of fi. fa. must issue upon the judgment rendered therein, and not upon the first judgment, although the two judgments may be similar. .-Fraud is a valid ground of injunction, for fraud vitiates everything. Freeman on Judgments, section 99; Holland on New Trials, chapter 18, section 22. .Absence of actual seizure can, when coupled with other grounds, be legally alleged and ' proven as a cause for injunction before sale. 28 An. 60. 'When the prayer of the petition is…

1Opinion of the Court

The opinion of the Court was delivered by

Poché, J.

In execution of a judgdment rendered in the suit of DePoret vs. Gusman et al., and affirmed by this Court in 30 An. 930, DePoret, the defendant in this case, obtained a writ of ft. fa., under which plaintiffs property was seized by the sheriff. Whereupon plaintiffs instituted the present suit for the purpose of enjoining said execution, and of recovering damages for the alleged illegal seizure of their property, cumulating therewith a demand for the rents of the same ■pending the seizure, and pending a preliminary attachment in the original…

2Cited by3 opinions

  1. Continental Securities Corp. v. WetherbeeSupreme Court of Louisiana · 1936
  2. Continental Supply Co. v. HoellSupreme Court of Louisiana · 1930
  3. McLemore v. AbellLouisiana Court of Appeal · 1929

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