Levert v. Sharpe

Citations

• 52 La. Ann. 599

Syllabus

<p>Svulabus.</p> <p>1. Appeal dismissed ese propñro ¡motil -on demand against surety on injunction bond where the amount claAmeU against him is only $400.</p> <p>'2. It requires a strong ease to the contrary made out to justify the court in flisturbing u verdict of a jury of the Vicinage on a question of damage, baseS on their estimate of conflicting evidence, and approved by the ruling of the trial judge denying the application for a new trial.</p> <p>3. A claim for punitive damages for trespass committed is hatred by the prescription of one year.</p> <p>4. A claim for attorney’s fees for dissolving an injunction is a cause of actiou arising e® contractu on the injunction -bond, and not subject to the prescription of one year. ,</p> <p>5. where attorney’s fees are allowed as damages for the wrongful issuance of a conservatory writ, such fees will be restricted to the services rendered in procuring the dissolution of the writ and not extended to the other services relating to the defense of the litigation on its merits.</p>