State ex rel. Cotting v. Sommerville

Citations

• 104 La. 74

Syllabus

<p>Syllabus.</p> <p>1. An injunction enjoining a person from talcing possession of another's property, prior to payment under expropriation proceedings, should not be dissolved on bond. Private property cannot be taken for public purposes without just and adequate compensation being first paid. (Constitution 1898, Article 167.)</p> <p>The owner’s right of retention of his property being guaranteed by the Constitution, the invasion of that right is per se an irreparable injury.</p> <p>2. An order dissolving an injunction on bond may work an irreparable injury and is appealable suspensively when the act, as alleged, amounts to a trespass; and the effect of dissolving the injuction would be to change the possession of immovable property. (State ex rel Sigur vs. Judge, 33 Annual, 133.)</p> <p>3. Usurpations and wrongs to rights of private properly cannot be justified by considerations of benefit to commerce, and the right of expropriation of private property can only be exercised according to the forms of the law. (Bruning vs. New Orleans Canal and Banking Co., 12 Annual, 541; Dudley vs. Tilton, 14th Annual, 286 ; Ivirk vs. Kansas City, Shreveport & Gulf Railway Co., 51st Annual, G82.)</p> <p>4. A deposit in money in the hands of the sheriff subject to the order of the owner of property sought to be expropriated does not authorize the plaintiff in expropriation proceedings to take possession of the property, , prior to the verdict of the jury and the judgment of the court therein, even though the amount of the deposit may be largely in excess of the value of the property.</p> <p>5. A district judge who has refused to grant a suspensive appeal from his order illegally dissolving, under Article 307 of the Code of Practice, an • injunction on bond should be ordered by mandamus to grant such an appeal. A plaintiff who has obtained an injunction restraining a person from taking possession of his property in expropriation proceedings prior to payment does not lose the right t