State v. McDonald
Supreme Court of Louisiana
Appeal from the court of the fourth district, for the parish of Iberville, the judge thereof presiding. This case comes up on an injunction. The State obtained a judgment against the defendant and his surety, in a recognizance or bail bond for the sum of §1000. The judgment had never been signed; only the minutes of the proceedings of the court at the close of the term.
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Appeal from the court of the fourth district, for the parish of Iberville, the judge thereof presiding. This case comes up on an injunction. The State obtained a judgment against the defendant and his surety, in a recognizance or bail bond for the sum of §1000. The judgment had never been signed; only the minutes of the proceedings of the court at the close of the term. Execution issued on this judgment, and the sheriff was proceeding to make the money by a seizure and sale of the defendants’ property. They applied for and obtained an injunction, on the ground, mainly, that the judgment…
1Opinion of the Court
Mastín, J.
delivered the opinion of the court.
*294The defendants are appellants from a judgment dissolving an injunction, which they had obtained to prevent the execution of a writ of fieri, facias, which had issued on a judgment before it had been made final by the signature of the judge.
The judgment was not signed, but the district court decided that the signature of the judge to a judgment is not essential to its maturity in the [486] country, where the judge a quo informs us it is the practice for the judge to sign the minutes on the last day of the term; all the judgments being entered…
2Cited by1 opinion
- Succession of AsbridgeSupreme Court of Louisiana · 1846