State v. Judge of the First District Court
Supreme Court of Louisiana
On an application for a writ of prohibition. D. T. Walden alleges that during the year 1840, he instituted a suit against the City Bank of New Orleans to annul cei’tain bonds, notes and mortgages which this institution held of his, on the grounds of usury and other causes of nullity; and that on filing said suit he obtained an injunction against any order of seizure and sale or other proceeding on the part of the bank, on the act of mortgage which might be instituted against…
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On an application for a writ of prohibition. D. T. Walden alleges that during the year 1840, he instituted a suit against the City Bank of New Orleans to annul cei’tain bonds, notes and mortgages which this institution held of his, on the grounds of usury and other causes of nullity; and that on filing said suit he obtained an injunction against any order of seizure and sale or other proceeding on the part of the bank, on the act of mortgage which might be instituted against him. That the injunction has since been dissolved and set aside and he has appealed, which is still pending. That…
1Opinion of the CourtBuxxaed, J.
The judge of the first district in answer to a rule to show cause [512] why a writ’ of prohibition should not issue, inhibiting his proceeding to fey the cause of Walden v. The City Bank pending on appeal to this court, states, that the suit vvas brought to annul certain bonds and mortgages given to the City Bank of New Orleans, on the ground of usury, and that the rate of interest stipulated exceeded that permitted by the charter. That the plaintiff alleges that he fears that pending the action the bank will bring suit or pray an order of seizure and sale, by which he would be injured, and…
2Cited by2 opinions
- First National Bank v. DutcherSupreme Court of Iowa · 1905
- State v. Judge of the First DistrictSupreme Court of Louisiana · 1841