Moussier v. Gustine

25 La. Ann. 36

• Court: Supreme Court of Louisiana
• Decided: January 15, 1873
• Docket: No. 3886
• Status: Published

Opinions

Wyly, J.

The plaintiffs injoined the execution of a judgment against them for $1850. The injunction was dissolved with twenty per cent, damages and they have appealed.

The defendants move to dismiss the appeal because the bond is not sufficient in amount; because the surety on the appeal bond is the same person who was surety on the injunction bond, and because the latter is not made party to the appeal.

The appeal was taken by motion and the appeal bond is in favor of the clerk. All parties are therefore before the court.

The appeal bond being for $2000 is ample for a suspensive appeal.

The injunction bond was given to protect the defendants from damages resulting from the injunction, the amount of which decreed by the court is only $370.

That the surety on the injunction bond is the security on the appeal bond is of no consequence; he was not condemned to pay anything and he is not an appellant. 12 La. 383; 2 R. 235.

The motion is therefore denied.