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Reports of Cases Argued and Determined in the Supreme Court of Louisiana and in the Superior Court of the Territory of Louisiana (Volume 3; V. 22); An - Softcover
Synopsis
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1843. Excerpt: ... iirien v. Loftus and another. John Smith Brien V. Ralph Loftus and another. Defendants having obtained a judgment against plaintiff in a Circuit Court in another State, procured an order of seizure and sale in this. Subsequently to the order of seizure, plaintiff obtained an injunction from the Chancellor of the State in which the original judgment was rendered, staying its execution until the further order of court. On an application to enjoin the order of seizure and sale: Held,, that the injunction should be maintained until the termination of the chancery proceedings on the original judgment. Appeal from the District Court of Madison, Curry, J. T. N. Peirce, for the appellant. Stacy, for the defendants. Martin, J. Loftus and Whitehead, having obtained a judgment against Brien and Young, in one of the Circuit Courts of the State of Mississippi, procured an order of seizure and sale from the judge of the Ninth District of this State, who, on the application of Brien, granted an injunction to stay the sale. The defendants are appellants from a judgment dissolving the injunction. The injunction was obtained on a petition sworn to by Brien, alleging, among other grounds on which he sought relief, that the execution of the judgment obtained in the State of Mississippi was there enjoined, the plaintiff having appealed to the Court of Chancery of that State for relief against the judgment. The defendants, in their answer to the petition for the injunction, pleaded the general issue, but did not expressly deny that the plaintiff had obtained an injunction from the Court of Chancery of the State of Mississippi, staying all proceedings on the judgment of the Circuit Court of that State, on which the order of seizure and sale, granted by the judge of the Ninth Di...
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