Torres v. Falgoust
Supreme Court of Louisiana
APPEAL from the Twenty-Second Judicial District Court, parish of St.. James. Cheevers, J. Upon an application to.bond an injunction, under C. P. 307, the allegations of the petition must be taken as true. 23 An. 52; 14 An. 57. An appeal lies from the order, when the injury is irreparable; and it is irreparable when the-act complained of amounts to a trespass or achango of possession of immovable property, and also when a new suit is necessary to adjust the damages. 22 An.…
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APPEAL from the Twenty-Second Judicial District Court, parish of St.. James. Cheevers, J. Upon an application to.bond an injunction, under C. P. 307, the allegations of the petition must be taken as true. 23 An. 52; 14 An. 57. An appeal lies from the order, when the injury is irreparable; and it is irreparable when the-act complained of amounts to a trespass or achango of possession of immovable property, and also when a new suit is necessary to adjust the damages. 22 An. 512; 24 An. 154; 26 An. 603; 23 An. 52; 14 An. 57; 12 An. 455, and authorities there cited. When an appeal is granted by…
1Opinion of the Court
On Motion to Dismiss.
The opinion of the Court was delivered by
Fenner, J.
Appellee moves to dismiss this appeal on the grounds:.
1st. That the appeal was taken by motion in open court and without citation. The interlocutory judgment appealed from, though rendered at chambers, was so rendered during a term of the court and at the instance of appellee, and the appeal was taken at the same term. *561We find nothing in the circumstance that the judgment was rendered at chambers to exempt the case from the operation of article 574 C. P., authorizing appeal by motion, if taken at the same term.
2d. That…
2Cited by5 opinions
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