Moussier v. Gustine
Also decided on this docket: La. Ct. App. 1st Cir., July 5, 1972 264 So. 2d 360; La. Ct. App. 1st Cir., April 6, 1970 234 So. 2d 81; La. Ct. App. 1st Cir., November 18, 1954 76 So. 2d 328; La. Ct. App. 1st Cir., January 27, 1931 133 So. 185
Moussier v. Gustine, 25 La. Ann. 36 (1873).
Cited by
- Denekamp v. Heisler 126 So. 447 La. Ct. App. 1st Cir. 1930
- Fabacher v. Rouprich 2 La. App. 138 La. Ct. App. 1st Cir. 1925
- Watts v. Collier 72 So. 822 La. 1914
- M. M. Sanders & Son v. Schilling 49 So. 689 La. 1909
Authorities cited
Identified automatically; this list may not be exhaustive.
- Leeds v. Yeatman 12 La. 383
Opinion text
Wyly, J. The plaintiffs injoined the execution of a judgment against them for $1850. The injunction was dissolved with twenty per cent, damages and they have appealed. The defendants move to dismiss the appeal because the bond is not sufficient in amount; because the surety on the appeal bond is the same person who was surety on the injunction bond, and because the latter is not made party to the appeal. *37 The appeal was taken by motion and the appeal bond is in favor of the clerk. All parties are therefore before the court. The appeal bond being for $2000 is ample for a suspensive appeal. The injunction bond was given to protect the defendants from damages resulting from the injunction, the amount of which decreed by the court is only $370. That the surety on the injunction bond is the security on the appeal bond is of no consequence; he was not condemned to pay anything and he is not an appellant. 12 La. 383 ; 2 R. 235 . The motion is therefore denied.