Jourdan v. Garland

Citations

• 105 La. 486

Syllabus

<p>Syllabus.</p> <p>1. Act No. 50 of 1886 so amends Article 375 C. P. as to permit the recovery of damages as against the plaintiffs in the writs, and in the same proceedings whereby the writs are set aside, in all cases of illegal arrest, attachment, sequestration, provisional seizure and injunction.</p> <p>2. It follows that the plaintiff in executory process whose order of seizure and sale has been enjoined may reconvene and, in the same proceeding, obtain judgment dissolving the injunction and condemning the plaintiff in injunction in damages.</p> <p>3. But there has been no change in the law upon the subject of the right or manner of recovery as against the surety on the injunction bond in such a case, as to whom the defendant in injunction must, as heretofore, resort to an action on the bond.</p>