Interstate Trust & Banking Co. v. Powell Bros. & Sanders

Citations

• 124 La. 623
• 50 So. 605
• 1909 La. LEXIS 514

Syllabus

<p>1. Appeal and 'Error (§ 465*) — Amount op Bond — Executory Process — Mortgages.</p> <p>The execution of an order of seizure and sale for a specific sum of money cannot be suspended by an appeal bond for costs. In such a case the suspensive bond should exceed the' amount for which the order was granted by one-half, as in case of appeals from money judgments. State ex rel. Bankhead v. Judge, 22 La. Ann. 35, reaffirmed.</p> <p>2. Appeal and Error (§ 460*) — Appeal from Dismissal of Suspensive Appeal — Effect.</p> <p>Where a suspensive appeal is dismissed in the court below because of the failure of the appellant to file bond in the amount required by law to stay execution, no appeal thereafter allowed from the judgment of dismissal can operate to suspend the execution.of the judgment originally appealed from. Reynolds v. Egan, 122 La. 47, 47 South. 371, reaffirmed.</p> <p>3. Appeal and Error (§• 488*) — Injunction.</p> <p>A temporary restraining order issued by the judge, on his own motion, pending the hearing of a rule to set aside an order of seizure and salé, expires with the dismissal of the rule, and cannot be kept alive by a suspensive appeal from the judgment of dismissal.</p> <p>(Syllabus by the Court.)</p>