State ex rel. Hake v. Judge of the Fourth Judicial District Court

Citations

• 52 La. Ann. 103

Syllabus

<p>Syllabus.</p> <p>1. An owner in indivisión of timber lands has no right to cut and take timber therefrom without the consent of his co-owner, and if he attempt to do so, may be stopped by injunction, and such injunction is not one which may be dissolved on bond.</p> <p>2. where the trial court grants an order permitting such an injunction to be dissolved on bond, a suspensive appeal will lie, and in such case the amount of the suspensive appeal bond should be fixed by the judge.</p> <p>3. Ordinarily, a bond for a sum large enough to cover costs suffices in such case for a suspensive appeal bond, but a reasonable discretion as to this is vested in the trial court, subject to correction here, through the proper remedial writ, in case of abuse of such discretion.</p> <p>4. where, in such case, a devolutive and suspensive appeal is granted and the devolutive appeal bond is fixed at $100, the suspensive appeal bond “according to law”, it is considered that the suspensive appeal is perfected on the giving of a bond for an amount one-half over and above the sum named as sufficient to cover costs, or for $150.</p>