Josephson v. Powers

Citations

• 121 La. 28
• 46 So. 44
• 1908 La. LEXIS 625

Syllabus

<p>Injunction — Restraining Action During Pending Suit.</p> <p>Where, after the institution of a suit to-annul a promissory note issued by the plaintiff, together with the mortgage by which it is secured, upon grounds, verified by affidavit, which would authorize the issuance of an injunction against executory process to enforce payment of such note, the holder of the note causes ex-ecutory process to issue from a division of the-civil district court other than that in which the action of nullity is pending, the defendant in the writ is entitled, upon proper application to the judge of the division issuing the same, and predicated upon the allegations made in the suit already pending, to such writ of injunction, to hold matters in abeyance until said1 pending suit shall have been decided. Whether the executory proceedings, with the application-for injunction, should not, under such circumstances, be transferred to the division in which the action of nullity is pending, is not now presented for decision.</p> <p>Provosty, J., dissenting.</p> <p>(Syllabus by the Court.)</p>