Osborne v. Clayton

Supreme Court of Louisiana

Osborne v. Clayton

3 Rob. 437

CourtSupreme Court of Louisiana

DecidedJanuary 15, 1843

StatusPublished

Cited by3 cases

This text of 3 Rob. 437 (Osborne v. Clayton) 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

Osborne v. Clayton, 3 Rob. 437 (La. 1843).

Pincite

Opinion

Morphy, J.

The defendants are appellants from a decree overruling a motion to dissolve an injunction, sued out by the plaintiff to stay the execution of a judgment they had obtained against him in the inferior court. This appeal is clearly premature, as the order made on the trial of the motion is an interlocutory, not a final, decree. It works no irreparable injury to the appellants. The error, if any has been committed, can be corrected by appeal from the final judgment in the case. Code Pract., art. 566.

Appeal dismissed.

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Morphy, J.

The defendants are appellants from a decree overruling a motion to dissolve an injunction, sued out by the plaintiff to stay the execution of a judgment they had obtained against him in the inferior court. This appeal is clearly premature, as the order made on the trial of the motion is an interlocutory, not a final, decree. It works no irreparable injury to the appellants. The error, if any has been committed, can be corrected by appeal from the final judgment in the case. Code Pract., art. 566.

Appeal dismissed.

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Bluebook (online)

3 Rob. 437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/osborne-v-clayton-la-1843.

Opinion

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