Dupont v. Harris Ice Cream Co.
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; Hugh C. Cage, Judge. Action by John P. Dupont against the Harris Ice Cream Company, in which an injunction was granted. Upon defendant’s application, its dissolution on bond was permitted, and plaintiff was granted a suspensive appeal from the dissolving order. On motion to dismiss appeal.
1Opinion of the Court
Statement of the Case.
DAWKINS, J.
This is an action to restrain by injunction the use of certain premises for purposes other than those stipulated in the lease.
The lower court granted the writ, and, upon application of the defendant, permitted its dissolution on bond, and subsequently granted the plaintiff a suspensive appeal from the order so dissolving the writ.
Defendant has moved to dismiss the appeal upon the ground that the petition for injunction does not allege irreparable injury, and that therefore an interlocutory order to bond was not appealable prior to trial on the merits.
Opinion.
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2Cited by7 opinions
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- Trorlicht v. Collector of Revenue.Supreme Court of Louisiana · 1945
- Rockefeller v. EgglestonLouisiana Court of Appeal · 1937
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