Borne v. Porter
Supreme Court of Louisiana
Appeal from the District Court of Lafourche Interior, M’Allister, presiding. The defendants were properly allowed to sever in their defence. Code of Practice, art. 570. 5 Mart. N. S. 87. The District Court had no authority to enjoin process issued from a Parish Court. Code of Practice, arts. 617, 629, 395, 397. Oger v. Daunoy, 7 Mart. N. S. 658.
1Opinion of the CourtBullard, J.
The appellant, having sued out of the District Court, an injunction to stay proceedings on four writs of fieri facias, issued at the suit of different parties, and three of which were to enforce judgments rendered in the Parish Court, the defendants were permitted to sever in their defence, and the injunction having been dissolved, she has appealed.
We are of opinion the court did not err, in permitting the parties to sever in their defence. There was no privity between them. Each had his separate judgment, which he was seeking to enforce, although the sheriff had levied on the same property…
2Cited by2 opinions
- Gladding v. United StatesUnited States Court of Claims · 1902
- Brown v. BrownSupreme Court of Louisiana · 1878