State ex rel. Bagur v. Judge of the Eighth District Court
Also decided on this docket: La. Ct. App. 1st Cir., March 12, 1973 274 So. 2d 875; La. Ct. App. 1st Cir., April 6, 1970 235 So. 2d 597; La. Ct. App. 1st Cir., November 22, 1955 84 So. 2d 235; La. Ct. App. 3d Cir., February 16, 1932 139 So. 510; La. Ct. App. 1st Cir., January 28, 1907 4 Teiss. 161
State ex rel. Bagur v. Judge of the Eighth District Court, 24 La. Ann. 599 (1872).
Cited by
- Odom v. Hodge-Hunt Lumber Co. 121 So. 237 La. Ct. App. 2d Cir. 1928
- Item Co. v. Li Rocchi 118 So. 833 La. Ct. App. 1st Cir. 1928
Opinion text
Ludeling, C. J. A sale of real estate having been made under an order of seizure and sale, Elizabeth G. Melone took a rule against 'Pierre Bagur, the purchaser, and the sheriff, to show cause why the proceeds of the sale should not be paid to her. An answer to this rule was made and a judgment was rendered in favor of the said Elizabeth G. Melone. Pierre Bagur applied for an appeal, which was refused, and he then obtained a writ of mandamus against the Judge of the Eighth District Court for the parish of Orleans. The answer of the judge is, in substance, that the order rendered, and from which an appeal is prayed for, is neither an interlocutory order, working an irreparable injury, nor a final judgment but a step in the execution of .a former judgment. We do not so regard the matter. It is substantially a judgment on an opposition of a third person to regulate the •effect of the seizure in what relates to him. C. P., article 395. It is therefore ordered that the mandamus be made peremptory.