Baldwin Lumber Co. v. Todd

Citations

• 124 La. 543
• 50 So. 526
• 1909 La. LEXIS 494

Syllabus

<p>1. Servitudes — Injunction to Protect.</p> <p>An injunction based on an implied right of passage is properly refused, where it does not appear that the alleged place and mode of passage has been fixed by consent of parties or a judgment of court.</p> <p>2. Servitudes — Implied Right oe Passage.</p> <p>An implied right of passage cannot exist, where a special place and mode of passage have been fixed by contract.</p> <p>3. Pleading (§ 303*) — Oyer.</p> <p>Where an action is founded on certain deeds not annexed to a petition for injunction, the defendant in a rule to show cause has the right to oyer of the documents as constituting a part of the petition.</p> <p>4. Mandamus (§ 37*) — Grounds oe Relief-Granting of Injunction.</p> <p>Mandamus will not lie to compel the granting of an injunction, except on the clear disclosure of one of the special grounds set forth in article 298 of the Code of Practice.</p> <p>(Syllabus by the Court.)</p>