Campbell v. Boute

Supreme Court of Louisiana

Campbell v. Boute

10 La. Ann. 114

DecidedJanuary 15, 1855

StatusPublished

This text of 10 La. Ann. 114 (Campbell v. Boute) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Campbell v. Boute, 10 La. Ann. 114 (La. 1855).

Pincite

Opinion

Spoitokd, J.

The injunction sued out in this case was dissolved on account of the insufficiency of the affidavit.

The plaintiff made oath that “ the allegations contained in the petition, and which render an injunction necessary, are true.”

This is precisely such an affidavit as was held to be defective in the case of Ricard's Heirs v. Hiriart, in 5 L. R. 244.

The affidavit for an injunction should be positive and unequivocal. See Rice v. Walsh, 4 Ann. 346. Hebert v. Joly, 5 L. R. 52. Canal Bank v. Carriel, 3 Ann. 225.

We see no reason for overruling these decisions.

Judgment affirmed, with costs.

Free access — add to your briefcase to read the full text and ask questions with AI