May v. Philips

Citations

• 105 La. 129

Syllabus

<p>Syllabus.</p> <p>1. A plaintiff, whose proceeding by executory process to collect a mortgage debt due him, is stopped by'injunction issued without bond on the averment that time to pay the debt had been given, is entitled to test by summary trial the grounds of the opposition.</p> <p>2. And nothing contained in Act No. 4 of 1896, entitled “An Act to fix and regulate the terms of the Civil District Court for the Parish of Orleans,” etc., negatives the right to try a motion to dissolve such an injunction on any legal day in the year.</p>