· 2/5/1904

Boimare v. St. Geme

Citations

113 La. 830
37 So. 770
1904 La. LEXIS 710

Syllabus

APPEALABLE ORDER — PARTNERSHIP—ACCOUNTING; — SEIZURE OE PARTNERSHIP PROPERTY. On Motion to Dismiss the Appeal. 1. The order of the court authorizing the sheriff to release property of a partnership sequestered at the suit of one of the parties, on defendant furnishing bond, is subject to appeal. It changes the nature of the possession, occasions delays, and causes damages which may be irreparable. On the Merits. 2. An order releasing on bond, to the defendant partner, the property of the partnership,, seized at the instance of his copartner in a suit for settlement and accounting, will be reversed on appeal, as likely to work irreparable injury. (Syllabus by the Court.)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

finding it premature to 18 determine the duty to indemnify before the underlying lawsuit concluded
dismissing a bad faith counterclaim, filed in response to a 8 declaratory judgment action, due to the lack of any evidence of bad faith on the part of the insurer -- \[n]o material facts are shown[]\
“There is no allegation that Indian Harbor misquoted facts or policy provisions, only that 16 Indian Harbor takes a different view of whether there is actual coverage[.]”
“At this stage in the litigation, it is premature to determine whether U.S. Oil will 14 prevail on damages covered under the policy. This determination will likely not be made until the 15 underlying lawsuit is concluded.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Breaux, Monroe

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