Aiken v. Leathers
Supreme Court of Louisiana
APPEAL from the Civil District Court, for the Parish of Orleans. Houston, J. A bond given for an injunction is a contract upon which plaintiifs obtain on the writ-, and using it become responsible for the damages which its use occasions. 13 Ann.
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APPEAL from the Civil District Court, for the Parish of Orleans. Houston, J. A bond given for an injunction is a contract upon which plaintiifs obtain on the writ-, and using it become responsible for the damages which its use occasions. 13 Ann. Hep. 21. This is true whether the bond was given in the Federal Court or State Court, 120 V. S. 206; 35 Ann. 22O-U90; 37 Ann. 482; 105 TJ, S., 446. The dissolution of the injunction establishes prima facie that the writ was wrongfully obJ tained, and subjects the plaintiff in injunction to the payment of damages caused by the use of the writ. 32 Ann.…
1Opinion of the Court
The opinion of the Court was delivered by
Poché, J.
This is a suit for damages on a bond furnished by the defendants as the condition of a restraining order in a suit in chancery instituted by Thomas P. Leathers in the United States Circuit Court for the Eastern District of Louisiana, against Joseph A. Aiken.
The object of tbe suit was to have cancelled and annulled a wharf lease previously entered into between the city of New Orleans and Joseph A. Aiken. In addition to the principal demand, the complainant had prayed for an injunction pendente lite, and for a restraining order to prevent the…
2Cases cited1 opinion
- Florance v. NixonSupreme Court of Louisiana · 1832
3Cited by10 opinions
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- Albert Hanson Lumber Co. v. MestayerSupreme Court of Louisiana · 1912
- Pfaff v. BenderDistrict Court, E.D. Louisiana · 1929
- Mulvane v. TullockSupreme Court of Kansas · 1897
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