17 So. 2d 389 | La. Ct. App. | 1944
Counsel for defendants call our attention to what is a palpable error in the decree herein handed down on March 6, 1944, awarding the defendants attorneys fees for dissolution of the writ of attachment issued herein on May 26, 1941. In the decree judgment in the sum of $150 is awarded in favor of the defendants and against the plaintiff, Mrs. Rachel Williams, individually and in her capacity as natural tutrix of her minor daughter, Donna Mae Williams, and also against McKinley Demars, surety on the attachment bond.
Reference to the original opinion herein handed down and now officially reported
Counsel also complain about a statement made in the opinion handed down, concerning the demand made for damages other than attorneys fees. They seem to think that we obtained the impression that they were not earnestly pressing this demand. There is nothing in the opinion handed down on rehearing to justify such an assumption. When a rehearing was granted, it was restricted, as counsel freely acknowledge, to the question of attorneys fees and it was only because counsel, in their brief on rehearing, had referred to the demand for damages, that we made mention of the matter at all.
We think that all issues have been properly disposed of and it only remains for us to amend our decree to make it conform with the views herein expressed.
For the reasons stated it is ordered that the decree herein handed down on rehearing on March 6, 1944, be amended so as to make the judgment in the sum of $150 as attorneys fees awarded in favor of the defendants for dissolution of the writ of attachment issued on May 26, 1941, operative and executory against the plaintiff, Mrs. Rachel Williams, individually, and in her capacity as natural tutrix of her minor daughter, Donna Mae Williams, and also against McKinley Demars and T.W. Dunnington, sureties on the attachment bonds issued in connection with the said writ, in solido, and that as thus amended the same be and stand as the final judgment and decree in the case. *459