M'Donough v. Fost
Supreme Court of Louisiana
Eastern Dist. ON AN APPLICATION FOR A MANDAMUS. This is an application for a mandamus to the district judge of the first judicial district, commanding him to grant an appeal from an order of seizure and sale. showed, that on his presenting a petition of appeal on the part of the defendant in this case, the judge a quo refused to grant said appeal. submitted the case to the court
1Opinion of the CourtMartin, J.
This is an application for a mandamus to the judge of the first judicial district, to grant to the defendant an appeal from his order at chambers, for the issue of a writ of seizure and sale. The sole question before us is, whether the defendant is entitled to such appeal.
As early as the year 1823, in the case of Tilghman vs. Dias, 12 Martin, 691, we held that an order of seizure and sale was a judgment. Afterwards, in the case of Gurlie et al. vs. Coquet, 3 Martin, N. S., 498, this principle was recognized, and we added that such a judgment was final in its nature, and that an appeal lies…
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