Monroe Building & Loan Ass'n v. Johnston

Citations

• 51 La. Ann. 470
• 25 So. 383
• 1899 La. LEXIS 423

Syllabus

<p>Syllabus.</p> <p>(1) When the injunction has ceased to be operative before the suit is tried and the party enjoined has by third opposition obtained the proceeds of the property he sought to subject to his execution when it was enjoined, the court in dissolving the injunction is not warranted in imposing on plaintiff in injunction the maximum of twenty per cent, damages under Article 304 of tho Code of Practice.</p> <p>(2) The unpaid vendor of machinery has the right to seize and sell the machinery, although it may have been attached to and has become part of the immovable that is mortgaged. 32nd Ann. 1285 : 40th Ann. 1044.</p>