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12 La. Ann. 613

Fluker v. Davis

Supreme Court of Louisiana

Decided July 15, 1857

Supreme Court of Louisiana · decided 1857-07-15

<p>Successive injunctions upon different grounds which might have been put at issue in one proceeding, will not be allowed.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1857-07-15

How this case has been cited

Cited by 6 later decisions — most recently June 1970

6 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Spofford, J.

¶1This is a second injunction sued out by this plaintiff to restrain the execution of a judgment against Thomas S. Ba/rham, upon lands in his possession derived from Ban'ham. See Fluker, administratrix v. Bobo, Sheriff, 11 Ann.

¶2There are no grounds justifying a resort to the remedy of injunction pleaded in this case, which should not have been pleaded in the former suit. And it is inadmissible to hamper the execution of judgments by successive injunctions upon different grounds which might have been put at issue in one proceeding. Any other rule would open the door to endless litigation and delay. McMicken v. Morgan, 9 Ann., 208.

¶3The mode of executing the judgment, so as to secure the respective rights of the parties upon the proceeds, has been provided for in the decree of the District Court, of which the plaintiff in question certainly has no reason to complain.

¶4Judgment affirmed.

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