Carmouche v. Sylvester's House Moving, Inc.

Supreme Court of Louisiana April 7, 1971

Carmouche v. Sylvester's House Moving, Inc., 258 La. 341 (La. 1971)

246 So. 2d 194; 1971 La. LEXIS 4548

Barham

Opinion of the Court

In re: Adam Vidrine, Jr., Oscar Sylvester, Jr. and Warren Sylvester applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit, Parish of Evangeline. 244 So.2d 361.

Writ refused. On the facts found by the Court of Appeal, the result is correct.

BARHAM, J.,

is of the opinion the assignment of error on the refusal to award damages for the wrongful issuance of the restraining order under its reconventional demand is a good assignment. No bond was posted — it was wrongfully issued. The issue of damages is properly before the court.

Reference

Full Case Name: Veatrice Mary Perrault Parks CARMOUCHE, Maxey Joseph Parks and Geraldine Parks Ramirez v. SYLVESTER'S HOUSE MOVING, INC., Adam Vidrine, Jr., James Warren Sylvester and Oscar Sylvester, Jr.
Status: Published