State ex rel. Jaubert Bros. v. Leche

Citations

• 113 La. 1
• 36 So. 868
• 1904 La. LEXIS 604

Syllabus

<p>CERTIORARI — PROHIBITION—RIGHT OF APPEAI. —JUDGMENT ON APPEAL — INJUNCTION.</p> <p>1. This court has repeatedly decided that, if the relator has a right of appeal, certiorari and prohibition are not the remedies in the case.</p> <p>2. If an appeal be taken the appellate court has authority in matter of the execution of its judgment. It has jurisdiction in matter of its proper and timely execution.</p> <p>3. Plaintiff, by whom the injunction was obtained, gave bond for damages. The court had jurisdiction, and ordinarily will not assume that the district judge granted the injunction without some cause. This court will not set aside the injunction in proceedings for certiorari and prohibition. State ex rel. Pelletier v. Sommerville, Judge (this day handed down) 36 South. ■864, 112 La. 1091.</p> <p>(Syllabus by the Court.)</p>