Legal Opinion

Wemple v. Eastham

Supreme Court of Louisiana

Decided March 31, 1919No. 23401PublishedCited by 6 opinions

Suit" by Barney Y. Wemple against Mally Eastham and others, wherein defendants asked for preliminary injunction, which was denied, and they apply for writs of certiorari and mandamus to compel the judge of the First judicial district for the parish of Oaddo to issue preliminary writ of injunction'restraining plaintiff and his agents, resulting in issuance of a rule nisi, coupled with a writ of certiorari.

1Opinion of the Court

DAWKINS, X

Defendants in the above cause apply for writs of certiorari and mandamus to compel the lower court to issue a preliminary writ of injunction restraining the plaintiff and his agents from interfering, through force and violence, with defendants in their operations for oil and gas in the beds of certain streams in the parish of Caddo. A rule nisi having issued, coupled with a writ of certiorari, the record is now before us, together with the answer of respondent judge.

We find that plaintiff filed a suit in the court below alleging himself to be the owner, in one instance, of the…

2Cases cited4 opinions

  1. New Orleans & North Eastern Railroad v. Mississippi, Terre-aux Bœufs & Lake RailroadSupreme Court of Louisiana · 1884
  2. State ex rel. Jennings-Heywood Oil Syndicate v. DebaillonSupreme Court of Louisiana · 1904
  3. Helm v. O'RourkeSupreme Court of Louisiana · 1894
  4. State v. LyonSupreme Court of Louisiana · 1889

3Cited by6 opinions

  1. Realty Operators, Inc. v. State Mineral BoardSupreme Court of Louisiana · 1942
  2. Churchill Farms, Inc. v. GaudetSupreme Court of Louisiana · 1936
  3. Adams v. Town of RustonLouisiana Court of Appeal · 1925
  4. Woodell v. RobertsLouisiana Court of Appeal · 1973
  5. Furie Petroleum Company, L.L.C. and Silver Spur Royalty Company, L.L.C. v. SWEPI, LP, Encana Oil & Gas (USA), Inc., Pride Oil and Gas Properties, Inc., Cloyce C. Clark, Jr. and Martha Chamberlain Clark; consolidated with Cloyce C. Clark, Jr., et ux v. Eugene CopelandLouisiana Court of Appeal · 2019

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