40 So. 2d 687 | La. Ct. App. | 1949
Raleigh J. Coker filed suit against Supreme Industrial Life Insurance Company, Inc., and Antonia M. Bossier claiming ownership of ten shares of stock of the said insurance company, issued in the name of Antonia M. Bossier, and praying for recognition of that ownership and for an injunction against the defendants restraining the defendant, Bossier, from voting the stock at any regular or special meeting of stockholders and from selling, donating or in any manner disposing of the said stock, and enjoining and prohibiting the defendant corporation from holding the regular annual meeting or any other meetings of stockholders.
Exceptions of no cause and no right of action were filed. When the matter came up for trial on the rule for a preliminary injunction, a judgment was rendered denying the preliminary injunction, maintaining the exceptions and dismissing the suit on the exceptions. Plaintiff filed motion for a devolutive and a suspensive appeal. The district judge granted a devolutive appeal but refused to grant the suspensive appeal.
The plaintiff, as relator, has applied to this court for the necessary orders to require the granting of the suspensive appeal. The respondents and the respondent judge, in answer to the rule to show cause, assert that there may not be granted a suspensive appeal from a judgment denying a preliminary injunction, and they cite section 5 of Act 29 of 1924.
Counsel for one of the respondents concedes that in Bujol v. Missouri Pac. R. Co.,
We do not feel that we are privileged to do anything more then follow what the Supreme Court has plainly held in the Bujol case. In Agricultural Supply Co., Inc., v. Livigne,
It is therefore ordered that a peremptory writ of mandamus issue herein to the respondent judge, the Honorable Walter B. Hamlin, directing him to grant relator, Raleigh J. Coker, an order for a suspensive appeal to this Court, returnable according to law, from the judgment signed on March 15th, 1949, and to fix the amount of suspensive appeal bond.
Alternative writ of mandamus made peremptory. *746