Heirs of Stafford v. Renshaw
Supreme Court of Louisiana
APPEAL from the Twelfth Judicial District Court, parish of Bapides. Bowman, judge ad hoc. Appellee contends that a writ of seizure and sale cannot issue against the property of a Succession under administration, where plaintiff has obtained a judgment against the succession in an ordinary action. C. P. Art.; 1 An. 205; 2 L. 547; 12 An. 642; 3 IT.
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APPEAL from the Twelfth Judicial District Court, parish of Bapides. Bowman, judge ad hoc. Appellee contends that a writ of seizure and sale cannot issue against the property of a Succession under administration, where plaintiff has obtained a judgment against the succession in an ordinary action. C. P. Art.; 1 An. 205; 2 L. 547; 12 An. 642; 3 IT. S. 498. Plaintiff having elected to pursue the via ordinm'ia, cannot afterwards resort to the executory process to enforce the collection of a judgment recognizing his mortgage. 3 IT. S. 498; 31 An. 112. Where the heirs are present or represented and…
1Opinion of the Court
*444On Motion to Dismiss
The opinion of the Court was delivered by
Bermudez, C. J.
The plaintiffs and appellees move to dismiss this appeal, because “ the bond is for no amount fixed by the court, and not as is provided for by article 577, O. P., there being no order of the judge fixing the amount for a suspensive appeal; and the amount of the bond, in such a case, should have been for one-half over and above the judgment annulled.”
This is a suit for the nullity of a judgment. It is coupled with an injunction to arrest the sale of the property under seizure. The District Court annulled the judgment…
2Cited by6 opinions
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- Lewis v. BakerSupreme Court of Louisiana · 1911
- State ex rel. Hake v. Judge of the Fourth Judicial District CourtSupreme Court of Louisiana · 1899
- Roberson v. GoldsmithSupreme Court of Louisiana · 1911
- Lasalle Parish School Board v. Louisiana MacHinery Company, LLCLouisiana Court of Appeal · 2014
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