Crowley Bank & Trust Co. v. Hurd
Crowley Bank & Trust Co. v. Hurd, 69 So. 175 (La. 1915).
Cited by
- Louisiana National Bank of Baton Rouge v. Heroman 280 So. 2d 362 La. Ct. App. 1st Cir. 1973
- American Budget Plan, Inc. v. Small 229 So. 2d 190 La. Ct. App. 1st Cir. 1969
- Berger v. DeSalvo 156 So. 2d 323 La. Ct. App. 4th Cir. 1963
- Allen v. Commercial National Bank in Shreveport 138 So. 2d 252 La. Ct. App. 2d Cir. 1962
- Spiro v. Reynaud 121 So. 2d 741 La. 1960
- Mayfield v. Nunn 121 So. 2d 65 La. 1960
- First Nat. Bank of Shreveport v. Houseman 160 So. 618 La. 1935
- Sample v. Elliott 99 So. 705 La. 1924
- Crowley Bank & Trust Co. v. Hurd 71 So. 128 La. 1916
Authorities cited
Identified automatically; this list may not be exhaustive.
- J. B. Levert Co. v. John T. Moore Planting Co. 133 La. 591
Opinion text
On Motion to Dismiss. SOMMERVILLE, J. [1] This is an executory proceeding, which was enjoined by the defendant, without bond, on the ground that the debt had been partially paid. There was judgment dissolving the injunction; and the writ was continued for the amount alleged *789 by the defendant to be due, and admitted by plaintiff in executory proceedings, and the sale was ordered to be proceeded with for the sum of $2,750, with interest, etc. Defendant took a suspensive and devolutive appeal, and the bond was fixed at $250 by the court. Plaintiff moves to dismiss the appeal on the ground that the bond should be for $375. Under the case of Levert v. John T. Moore Planting Co., Ltd., 133 La. 591 , 63 South. 198 , and authorities there cited, the bond of appeal was properly made to cover one-half over the costs of court. It will be presumed that the district judge, in fixing the amount of the bond in this case, fixed it at one-half over and above the amount of the costs of court. The record is before us, and the estimate of the district judge appears to have been quite liberal. Plaintiff, and appellee, has not informed the court of the process by which he arrived at the-conclusion that the bond should have been for $375. The motion to dismiss is denied.