M'Millen v. Gibson
Supreme Court of Louisiana
Eastehn Dist. APPEAL PROM THE PARISH COURT POR THE TARISH AND CITY OP NEW-ORLEANS. In 1834 the plaintiff obtained an order of seizure and sale, against a printing press, of the defendant Gibson, for an in-stalment of the purchase money then due, amounting to one thousand four hundred dollars. The defendant obtained an injunction against these proceedings, and gave James H. Caldwell as his surety in the injunction bond.
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Eastehn Dist. APPEAL PROM THE PARISH COURT POR THE TARISH AND CITY OP NEW-ORLEANS. In 1834 the plaintiff obtained an order of seizure and sale, against a printing press, of the defendant Gibson, for an in-stalment of the purchase money then due, amounting to one thousand four hundred dollars. The defendant obtained an injunction against these proceedings, and gave James H. Caldwell as his surety in the injunction bond. Notice was given, and a rule taken immediately after, to show cause why the injunction should not be dissolved. On hearing the motion, the parish judge rendered an…
1Opinion of the CourtBullard, J.
The surety on an injunction bond prosecutes the present appeal, in order to procure the reversal of a judgment by which he was condemned in solido with his principal, to pay interest and damages on the dissolution of the injunction. The principal has not appealed, and consequently, we can inquire into the correctness of the proceedings and judgment, only so far as the surety is affected.
His counsel contends, that the court erred in forcing the defendant into a trial without Wagner, who was a party. Wagner had intervened in opposition, setting up a claim to the property seized. This, according…
2Cited by1 opinion
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