State ex rel. Algiers Brewing Co. v. King
Supreme Court of Louisiana
/y^PPLICATION for Writs of Mandamus, Prohibition and Certiorari., Two bonds can not be exacted of an applicant for an appeal. The conditions of an appeal bond being fixed by law the court has no power or authority to add other and more onerous conditions. A fortiori it can not require a special bond to cover damages not covered by the appeal bond.
Read the full summary
/y^PPLICATION for Writs of Mandamus, Prohibition and Certiorari., Two bonds can not be exacted of an applicant for an appeal. The conditions of an appeal bond being fixed by law the court has no power or authority to add other and more onerous conditions. A fortiori it can not require a special bond to cover damages not covered by the appeal bond. Where the judgment is not for a sum of money, nor for the delivery of property, movable or immovable, and the effect of appeal is merely to extend the administration of an officer of the court, a bond for costs is all that is required. On February…
1Opinion of the Court
The opinion of the court was delivered by
Watkins, J.
This proceeding arises in the case entitled Lafayette Bank vs. Algiers Brewing Company, No. 39,952, in the Civil District Court, Division B, which court is presided over by the respondent judge, wherein several persons claiming to be bondholders of the defendant company intervened and procured rules on all parties to the suit, to show cause why the plant and all of the paraphernalia and property of said corporation should not be sold.
On the trial of said rules an order was made by the respondent to the effect that John H. O’Connor, receiver…
2Cases cited2 opinions
- State v. Judge of the First DistrictSupreme Court of Louisiana · 1841
- Heath & Co. v. VaughtSupreme Court of Louisiana · 1840
3Cited by4 opinions
- Fitzpatrick v. LettenSupreme Court of Louisiana · 1908
- In Re Clover Ridge Planting & Mfg. Co.Supreme Court of Louisiana · 1939
- Pratt Engineering & Machine Co. v. Cecelia Sugar Co.Supreme Court of Louisiana · 1913
- Beard v. LarsonSupreme Court of Louisiana · 1923