Board of Com'rs of Petite Anse Drainage Dist. v. Iberia & Vermilion R.

Citations

• 117 La. 940
• 42 So. 433
• 1906 La. LEXIS 796

Syllabus

<p>1. Injunction — Dissolution.</p> <p>An injunction, once issued, should not be dissolved ex parte, and the same rule applies whether the dissolution be effected by a motion to dissolve or by a counter injunction.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 27, Injunction, § 355.]</p> <p>2. Mandamus — Hearing on Merits.</p> <p>A mandatory injunction should not issue save after hearing on the merits, or in aid of the enforcement of a prohibitory injunction which has already been allowed.</p> <p>[Ed. Note. — For cases in point, see Gent. Dig. voi. 27, Injunction, §§ 4, 302.]</p> <p>3. Constitutional Law — Due Process oe</p> <p>Law — Power oe Drainage Board.</p> <p>A drainage board has no authority to destroy private property without due process of law, and a mandatory injunction issued, ex parte, commanding such destruction by the owner, or in default his action by the sheriff, within 24 hours, is not due process of law.</p> <p>(Syllabus by the Court.)</p>