State ex rel. Magendie v. Constable First City Court

Louisiana Court of Appeal

State ex rel. Magendie v. Constable First City Court

3 La. App. 766, 1926 La. App. LEXIS 112

CourtLouisiana Court of Appeal

DecidedJanuary 4, 1926

DocketNo. 10,327

StatusPublished

This text of 3 La. App. 766 (State ex rel. Magendie v. Constable First City Court) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State ex rel. Magendie v. Constable First City Court, 3 La. App. 766, 1926 La. App. LEXIS 112 (La. Ct. App. 1926).

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Opinion

CLAIBORNE, J.

This is an application for writs of certiorari, mandamus, and prohibition to compel the district judge to grant a “suspensive appeal from a judgment rendered by him in the suit of L. A. Magendie vs. Constable, No. 154,443 Civil District Court. The judgment complained of was one refusing an injunction to arrest the sale of an automobile claimed by plaintiff under a fieri facias issued against a third party. We are informed by the judge’s return to this application herein that the automobile seized and claimed by relator as his property has been advertised and sold by the constable and the proceeds of sale distributed by him.

[767]*767Under the circumstances a “suspensive” appeal could no longer avail the relator and a writ from this court would be a mere brutem fulmen. Lemann vs. Ascension Parish School Board, 158 La. 81, 103 South. 517; State ex rel. Romain vs. Board of Supervisors of Election, 49 La. Ann. 578, 21 South. 731; Corbera & Klein Furniture Co., in re, 105 La. 119, 29 South. 488; 57 Ill. App. 529.

It is therefore ordered that the alternative writs heretofore issued be recalled and relator’s petition dismissed, reserving his rights to a petition for a devolutive appeal denied.

Writs denied.

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CLAIBORNE, J.

This is an application for writs of certiorari, mandamus, and prohibition to compel the district judge to grant a “suspensive appeal from a judgment rendered by him in the suit of L. A. Magendie vs. Constable, No. 154,443 Civil District Court. The judgment complained of was one refusing an injunction to arrest the sale of an automobile claimed by plaintiff under a fieri facias issued against a third party. We are informed by the judge’s return to this application herein that the automobile seized and claimed by relator as his property has been advertised and sold by the constable and the proceeds of sale distributed by him.

[767]*767Under the circumstances a “suspensive” appeal could no longer avail the relator and a writ from this court would be a mere brutem fulmen. Lemann vs. Ascension Parish School Board, 158 La. 81, 103 South. 517; State ex rel. Romain vs. Board of Supervisors of Election, 49 La. Ann. 578, 21 South. 731; Corbera & Klein Furniture Co., in re, 105 La. 119, 29 South. 488; 57 Ill. App. 529.

It is therefore ordered that the alternative writs heretofore issued be recalled and relator’s petition dismissed, reserving his rights to a petition for a devolutive appeal denied.

Writs denied.

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Bluebook (online)

3 La. App. 766, 1926 La. App. LEXIS 112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-magendie-v-constable-first-city-court-lactapp-1926.

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