Cambon Bros. v. Suthon
| Decision Date | 31 January 1921 |
| Docket Number | 23321 |
| Citation | 87 So. 512,148 La. 669 |
| Court | Louisiana Supreme Court |
| Parties | CAMBON BROS. v. SUTHON et al. SUTHON et al. v. CAMBON BROS |
Original Opinion of January 7, 1921 Reported at 148 La. 669.
On the Merits.
The sole matter involved in this appeal being the injunction sued out by Mrs. Suthon and her daughters, and the judgment heretofore rendered by this court dissolving said injunction having been valid in so far as the said daughters are concerned, and the testamentary executrix of Mrs. Suthon possessing full authority and quality to represent her succession and stand in judgment in this appeal, and having been only cited, there was no occasion for citing the said daughters of Mrs. Suthon on this second hearing of the appeal; therefore the cost of citing these daughters will have to be borne by the appellants, Cambon Bros.
On this second hearing, no argument having been offered on the merits of the case, and nothing new having developed on the merits, there is no occasion for discussing a second time the merits of the case.
It is therefore ordered, adjudged, and decreed that the judgment appealed from herein be set aside, and that the injunction herein be dissolved both as sued out by Mrs. Lucius Suthon and her daughters, and that they pay the costs of this appeal, except the cost of citing the said daughters of Mrs. Suthon in their quality of heirs of their mother, which are to be paid by Cambon Bros.
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