Duvigneaud v. Marcello

JOHNSON, Judge.

Plaintiff sues via executiva to satisfy an unpaid promissory note secured by mortgage, importing confession of judgment by authentic act, on an immovable. Defendant applied for and obtained a temporary restraining order without bond arresting the sale, coupled with a rule to show cause why a preliminary injunction should not issue. When the rule came on for trial the plaintiff moved for the dismissal of defendant’s application on the ground it did not allege any' of the grounds for injunctive relief without bond, as set forth in Art. 2753, LSA-C.C.P. The district court…