State ex rel. Des Allemands Lumber Co. v. Allen

Citations

• 110 La. 853
• 34 So. 804
• 1903 La. LEXIS 720

Syllabus

<p>APPEAL — WHEN LIES — JUDICIAL SEQUESTRATION-DISSOLUTION ON BOND — SUSPENSIVE APPEAL — EXCESSIVE BOND.</p> <p>1. Where a judicial sequestration issued pendente lite has not the effect of changing the possession of property, when its only effect is to preserve the existing status of affairs and of things, and where it is apparent that it works no irreparable injury, being an interlocutory order, no appeal from it lies.</p> <p>2. The judicial sequestration, like the ordinary sequestration, may be dissolved on bond. The bond in such case takes the place of the property and under its obligation the rights of parties in interest are conserved.</p> <p>3. Where it appears that the interlocutory order permitting the judicial sequestration to be set aside on bond is not one the effect of which will be to work irreparable injury to the opposite party, it may not be suspensively appealed from by him.</p> <p>4. Where the evidence on which the District Judge acted in fixing the amount of the release bond is before this Court, and one of the complaints of the relator is the bond is excessive, it is both competent and proper for the Court, under its supervisory powers, to reduce the bond, if it be of the opinion it ought to be reduced, and to fix the amount at a figure deemed reasonable.</p> <p>Monroe and Provosty, JJ., dissenting.</p> <p>(Syllabus by the Court.)</p>