Union Sawmill Co. v. Summit Lumber Co.

Citations

• 119 La. 313
• 44 So. 28
• 1907 La. LEXIS 475

Syllabus

<p>T. Injunction — Dissolution on Bond — Compensation.</p> <p>On an appeal from an order authorizing an Injunction to be dissolved on bond.</p> <p>If specific performance can be required, to the extent that there will be failure in complying, ample compensation may be decreed.</p> <p>2. Same — Insolvency op Parties — Property to be Accounted eor.</p> <p>Plaintiff makes no mention of apprehended insolvency of defendant, nor of the insufficiency of the bond. There is no sentimental claim urged. It all relates to property and its value, which cannot be stealthily made away with.</p> <p>3. Same — Discretion oe Court — Not a Matter oe First Impression.</p> <p>Defendant addressed a motion to the district court for an order to bond. It was granted in a former injunction. On application for writ of review the matter was brought to the attention' of the Supreme Court. The discretion of the district court was not interfered with. In a second injunction, similar proceedings were had. Substantially the result is the same, and the question is before the court on appeal.</p> <p>Held, that the district court is invested with large discretion, and that it does not appear to have been improperly exercised.</p> <p>Provosty, J., dissenting.</p> <p>(Syllabus by the Court.)</p>