Cotten v. Christen
Supreme Court of Louisiana
-Appeal from Twenty-Seventh Judicial District Court, Parish of Assumption;' Paul Léche, Judge. Action by William M. Cotten, Jr., against John Christen. Judgment for defendant, and plaintiff appeals.
1Opinion
On the Merits.
The law giving the right of resort to the writ of injunction requires of the applicant for the writ to give bond and security in favor of the defendant. Code Prac. art. 304.
A bond, therefore, given in favor of the Clerk of Court is not a compliance with the law.
But unless the defect pointed out be radical, it is well settled that an injunction will not be dissolved if it appear from the record there exists good, cause for an injunction. Ward v. Douglass, Sheriff, 22 La. Ann. 463.
An instance of a radical defect is where there was failure on part of the judge to fix the amount, or…
2Cases cited7 opinions
- Speyrer v. MillerSupreme Court of Louisiana · 1902
- Vicksburg, Shreveport & Texas Railroad v. BarksdaleSupreme Court of Louisiana · 1860
- Lafleur v. MoutonSupreme Court of Louisiana · 1852
- Ward v. DouglassSupreme Court of Louisiana · 1870
- Lewis v. DanielsSupreme Court of Louisiana · 1871
2 more not listed; retrieve them via the Exa API.