Lewis v. D'Albor

Citations

• 116 La. 679
• 41 So. 31
• 1906 La. LEXIS 551

Syllabus

<p>1. Mandamus—Compelling Granting of Injunction.</p> <p>Mandamus will not lie to compel the district judge to issue an injunction against the further prosecution of a suit between the same parties in the same or another court.</p> <p>[Ed. Note.—Eor cases in point, see vol. 33, Cent. Dig. Mandamus, § 81.]</p> <p>2. Injunction—Enforcement of Judgment— Premature Suit.</p> <p>Where the court of appeal rendered judgment in favor of A., granting him a right of passage over the lands of B. to the nearest public road, and remanded the cause for further evidence on the question of damages, held, that the judgment was in abeyance, and it would be time enough when it became executory to consider B.’s right to enjoin its enforcement on the ground of abatement by reason of the alleged opening of another public road extending to lands of A.</p> <p>(Syllabus by the Court.)</p>