Untereiner v. Shepard

Citations

• 52 La. Ann. 1809

Syllabus

<p>Syllabus.</p> <p>1. Where no malice is shown, and it appears that the plaintiff in a provisional seizure had a case upon which he took legal advice, and that he acted thereon, only such damages will he allowed, upon its being determined that the issuance of the writ was unwarranted, as the party complaining can show were actually sustained, by reason of the particular seizure in question.</p> <p>2. Where .a suit for rent is brought before the expiration of the lease, upon the theory that the last month's rent has become constructively due, under the terms of such lease, by reason of default with 'respect to previous months, and the judgment, predicated upon the theory that there has been no such default, rejects- the demand, such judgment does not, of necessity, conclude the lessor with respect to such last month’s rent, thereafter actually falling due.</p>