State ex rel. Gravois v. Judge of the Twenty-Second Judicial District Court
Supreme Court of Louisiana
APPLICATION for Mandamus and Prohibition. An appeal lies from an order dissolving an injunction on bond, whenever it may cause irreparable injury — The injury is irreparable when the act complained of amounts to a change of possession of immovable property.
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APPLICATION for Mandamus and Prohibition. An appeal lies from an order dissolving an injunction on bond, whenever it may cause irreparable injury — The injury is irreparable when the act complained of amounts to a change of possession of immovable property. A mandamus lies to compel a district judge to grant an appeal from such an order, and he will he prohibited from enforcing it until the appeal is determined. 14 An. 57 ; 11 An. 39; 22 An. 512; 24 An. 154; 26 An. 603 ; 23 An. 51. A fortiori, he cannot enforce it, when it has been set aside on'appeal. Pending an appeal from an order…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
On October25th, 1880, Jean Torres andDésiré DeBlane (two of the present relators), obtained, in the District Court for the parish of St. James, an injunction restraining Felix Falgoust, his friends, agents and servants, from closing, changing, or in any way obstructing a certain alleged public road running through the lands of said Falgoust, and also from undoing, destroying or otherwise interfering with any repairs which the said plaintiffs may make or cause to be made on the said road.
On the 3d of November, Falgoust applied for, and…
2Cited by4 opinions
- State v. PinderLouisiana Court of Appeal · 1949
- State ex rel. Jennings-Heywood Oil Syndicate v. DebaillonSupreme Court of Louisiana · 1904
- Donohoe v. State ex rel. Department of HighwaysLouisiana Court of Appeal · 1978
- St. Ange v. Carondelet Realty Co.Louisiana Court of Appeal · 1927