Howat v. Howat

Citations

• 109 La. 122
• 33 So. 106
• 1902 La. LEXIS 119

Syllabus

<p>WRONGFUL SEIZURE — RELEASE—DAMAGES— QUESTIONS INVOLVED — APPELLATE JURISDICTION.</p> <p>1. Property worth over $2,000 was erroneously seized under a fi. fa. as belonging to the judgment debtor. Discovering the error, through a petition of the actual owner for an injunction, asserting ownership and claiming damages for $1,100, the judgment creditor at once released the seizure. Subsequently, on trial of an injunction which had been granted, 'the injunction was perpetuated, without costs, and the suit for damages dismissed. Plaintiff appealed to the supreme court. That court had no jurisdiction, the only matter in dispute being the demand for damages. See Kaufman v. Cade, 31 South. 626, 107 La. 164.</p> <p>(Syllabus by the Court.)</p>