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152 La. 721

Brown v. Bacot

Supreme Court of Louisiana

Decided October 30, 1922

Supreme Court of Louisiana · decided 1922-10-30

Cited by 1 later decisions — most recently May 1926

1 state decisions

Relies on State ex rel. Pelletier v. Sommerville · State ex rel. Reid v. Fournet · Landry v. Bellanger

Good law ✅— No negative treatment on recordhow we know

Decided 1922-10-30

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PROVOSTY, C. J.

¶1As an incident to this suit against his wife for separation from bed and board, plaintiff obtained an injunction, enjoining her from disposing of certain funds on deposit in bank, which he alleged belonged' of the community of acqugts and gains existing between them. Defendant ruled plaintiff to show cause why the injunction should not be dissolved, for the reason that the allegation of the fund belonging to the community was untrue; and asked that this rule be not tried summarily, but be referred to the merits. This request having been denied, plaintiff filed the present application for the writs of certiorari and prohibition.

¶2This court will not review by certiorari and p'rohibition rulings for the review of which there is adequate remedy by appeal. Landry v. Bellanger, 119 La. 466, 44 South. 266; State ex rel. Cannon v. Judge, 43 La. Ann. 1059, 10 South. 196; State ex rel. Reid v. Judge, 45 La. Ann. 943, 13 South. 185; State v. Summerville, Judge, 112 La. 1091, 36 South. 864.

¶3The present application is dismissed, at the cost of applicant.

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