Kansas City Southern Railway Co. v. Railroad Commission

Citations

• 106 La. 583

Syllabus

<p>Syllabus.</p> <p>1. A prior suit in the same jurisdiction between the same parties, for the same cause of action, may be pleaded as Ms pendens.</p> <p>2. Plaintiff’s cause is pleadable in one suit, and it has no right to a second su't when its cause can be amply protected in the first. Multiplicity of suits is odious to the law.</p> <p>3. Parties cannot, by not pleading part of their defense, proceed in a second suit with the object of preventing further proceedings in the first suit.</p> <p>4. The fine imposed is in the nature of an interlocutory order, against which the preventive process by injunction will not lie, as there is ample remedy with out it.</p> <p>5. A writ of injunction will not be issued against officers representing the State, invested with discretion in the performance of duties imposed, particularly in view of the fact that the State has provided other adequate process against abuse of power.</p> <p>6. Injunction is not the proper remedy prior to judgment, provision having been made to render injunction unnecessary prior to final decree.</p>