Arthurs v. Villeré
Supreme Court of Louisiana
APPEAL from the Oivil District Court, Parish of Orleans. Ellis, J. 1. An exception of want of jurisdiction ratione materia, does not fit the ease, and is inapplicable to the issue. The points raised by the defendants could only be urged on an exception of want of jurisdiction ratione persona, or of no cause of action, or upon the merits. 2. An injunction operates in personam.
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APPEAL from the Oivil District Court, Parish of Orleans. Ellis, J. 1. An exception of want of jurisdiction ratione materia, does not fit the ease, and is inapplicable to the issue. The points raised by the defendants could only be urged on an exception of want of jurisdiction ratione persona, or of no cause of action, or upon the merits. 2. An injunction operates in personam. A criminal sheriff may be enjoined from doing a particular act to the injury of another, eyen though he may claim to be acting under a judgment of the Criminal Court. And in such a ease, the injunction can not be…
1Opinion of the Court
The opinion of the court was delivered by
Bermudez, O. J.
This is an injunction suit.
Its object is to prevent the. sheriff of the Criminal District Court for the Parish of Orleans from executing, by seizure and sale of plaintiff’s property, a money judgment rendered by that court against him as surety on a forfeited appearance bond, furnished by him, in a case within the jurisdiction of said tribunal.
The injunction was sought and obtained ex parte, from the Oivil District Court of the Parish of Orleans.
The defence set up by the sheriff and the City of New Orleans, as beneficiary of the…
2Cases cited1 opinion
- Thomas v. RiegelSupreme Court of Pennsylvania · 1835
3Cited by4 opinions
- Carre v. International Car Co.Supreme Court of Louisiana · 1911
- Connick v. WardLouisiana Court of Appeal · 1977
- Harrold v. FlournoyLouisiana Court of Appeal · 1956
- Sowers Co. v. MeltonLouisiana Court of Appeal · 1930