New Orleans Live Stock Exchange v. Crescent City Stock Yards & Slaughter House Co.
New Orleans Live Stock Exchange v. Crescent City Stock Yards & Slaughter House Co.
Opinion of the Court
The defendant in this case asks for a writ of mandamus, to compel the district judge to dissolve a writ of injunction, on defendant’s furnishing bond, as provided in article 307 of the Code of Practice.
The district judge overruled defendant’s motion to dissolve the injunction on bond, because the judge was of the opinion that the act prohibited by the injunction was such as might, and in all probability would, cause irreparable injury to the plaintiff.
The brief filed by defendant, relator, is devoted mainly to an argument in support of an exception of no cause of action, which was filed in the district court and overruled. The exception-'of no cause of action was filed three
Tbe record also discloses that tbe defendant, relator, filed an answer to plaintiff’s petition, after tbe exception of no cause of action was overruled. Whether the judgment overruling tbe exception of no cause of action should be affirmed or reversed is a question which may be presented on appeal from tbe final judgment of the district court, but it is not an issue in the proceeding now before us.
Tbe only question is whether, using tbe precise language of article 307 of tbe Code of Practice, “tbe act prohibited by tbe injunction is not such as may work an irreparable injury to tbe plaintiff.”
' Tbe object of plaintiff’s suit is to annul a written contract between plaintiff and defendant, dated April 20, 1917, providing that, at tbe expiration of three years “tbe feeding privilege” claimed by the plaintiff corporation and its stockholders should “revert to the Crescent City Stock Yards & Slaughter House Company, its successors or assigns.” Tbe cause alleged for demanding an annulment of tbe contract is that tbe defendant corporation and its officers neglected to fulfill certain obligations on their part, which are alleged to have been tbe consideration for which plaintiff agreed to a termination of tbe stock-feeding privilege after three years. It is alleged in plaintiff’s petition that tbe privilege of feeding and caring for live stock in tbe cattle pens of tbe defendant company had been enjoyed continuously by tbe plaintiff, and by the commission merchants who are members of tbe plaintiff company, for a period exceeding 40 years preceding tbe 20th of April, 1917; and that tbe defendant company bad recognized tbe alleged feeding privilege. The act prohibited by tbe injunction is tbe interference, by tbe defendant company or its officers, with tbe feeding of live stock by tbe commission merchants who are tbe members of tbe plaintiff corporation, during tbe pendency of this suit.
It is not, in term's, alleged, in tbe defendant’s motion to dissolve tbe writ of injunction on bond, that tbe act prohibited by tbe injunction is not such as may work an irreparable injury to tbe plaintiff. Tbe allegation or suggestion is merely “that tbe continuance of tbe injunction in force and effect causes irreparable injury to tbe Orescent Oity Stock Yards & Slaughter House Company.”
The relief prayed for by the relator is denied at its cost.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.