Grand Lodge Knights, Ladies Auxiliary, Juveniles of Honor of America v. Charles
| Decision Date | 14 December 1953 |
| Docket Number | No. 41234,41234 |
| Citation | 224 La. 785,70 So.2d 684 |
| Parties | GRAND LODGE KNIGHTS, LADIES AUXILIARY, JUVENILES OF HONOR OF AMERICA v. CHARLES et al. |
| Court | Louisiana Supreme Court |
Thomas Barr, III, New Orleans, for plaintiff-appellant.
Elliot Ross Buckley, Donnaud & Buckley, New Orleans, for defendant-appellee.
Plaintiff, Grand Lodge Knights, Ladies Auxiliary, Juveniles of Honor of America, instituted this suit against Emily Charles, a resident of the City of New Orleans, alleging that she is indebted unto it in the sum of $31,226.65. Plaintiff avers that the said Emily Charles was chairman of its Widow's and Orphan's Fund from 1943 to 1952 and during that time she collected the sum of $31,833.75 of which amount she has accounted for only $21,610.35. It further sets out other illegal appropriations, that she purchased certain movable property with some of its funds which she refuses to account for, and in a separate paragraph of its petition it specifically alleges that she purchased with some of its funds a piece of real estate in the City of Thibodaux, Louisiana, another located at 1615 Saratoga Street and also one located on Lizardi Street in the City of New Orleans. With regard to these pieces of real estate it is alleged she has placed them in her own name whereas in truth and in fact the funds used by her to purchase them were the funds of plaintiff and therefore it should receive the property from her or should have a first lien and privilege thereon and same should be ordered seized and sold and payment made to it by preference and priority over all other persons.
The Maryland Casualty Company is impleaded as a party defendant as the surety of the said Emily Charles, having issued its bond guaranteeing the faithful performance of her duties.
The prayer of plaintiff's petition is for a judgment against both defendants in solido for the full amount of $31,226.65 with legal interest from judicial demand.
Further plaintiff prays that the said Emily Charles be ordered and directed to deliver all of the movable property purchased by her with funds collected by her and lastly that the real estate located in Thibodaux and in the city of New Orleans be ordered sold and that petitioner's claim against said property be paid by preference and privilege over all other persons.
Subsequent to the filing of suit plaintiff had recorded in the office of the Recorder of Mortgages for the Parish of Orleans a notice of lis pendens. The notice contains a statement to the effect that the object of the suit is to obtain from the defendant, Emily Charles, an accounting of all funds which came into her hands as chairman of the Widow's and Orphan's Fund of the Grand Lodge Knights, Ladies Auxiliary, Juveniles of Honor of America, and the property which she purchased with the funds of the said Grand Lodge Knights, Ladies Auxiliary, Juveniles of Honor of America, including the real estate mentioned in the petition.
Defendant, Emily Charles, filed a proceeding by rule seeking to have the lien and privilege resulting from its inscription of the notice of lis pendens cancelled and erased from the mortgage records of Orleans Parish. In her petition for the rule she alleges that she is the sole owner of the said property by deeds set out by her and that the purported lien and privilege thereon asserted is improper, invalid and unenforceable for the reasons that the suit, notice of which is given, is not in connection with and does not in any way affect title to the said property and that the said lien and privilege has no basis whatsoever under the law of this State. Upon trial of the rule in the Court below there was judgment in favor of the said defendant, ordering the cancellation and the erasure of the said notice. Plaintiff then asked for and was granted a suspensive appeal from the judgment of cancellation and in due time the defendant filed a motion to dismiss the appeal on the ground that the said judgment is purely interlocutory and not such as will cause the plaintiff irreparable injury.
It seems to be agreed, and properly so, that the order of cancellation and erasure of the notice of lis pendens is purely interlocutory in that it does not decide all the points at issue in the case nor is it pretended that it passes on or decides on the merits of the cause. It is definitely not a final judgment. See Code of Practice, Arts. 538, 539. As an interlocutory order or judgment it is not appealable unless it may cause irreparable injury. See Code of Practice, Art. 566.
It is the appellant's contention that the judgment appealed from not only may, but...
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QuarterNorth Energy LLC v. Atl. Mar. Servs. LLC (In re Fieldwood Energy LLC)
...Anderson , 236 La. 505, 519, 108 So.2d 105 (La. 1959) (citing Grand Lodge Knights, Ladies Auxiliary, Juvs. of Honor of Am. v. Charles , 224 La. 785, 790, 70 So.2d 684 (La. 1953) ) ("[T]he party who claims or asserts [a privilege] must be able to put his finger on the law under which it is g......
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QuarterNorth Energy LLC v. Atl. Mar. Servs. (In re Fieldwood Energy)
... ... 505, 519 (La. 1959) (citing Grand ... Lodge Knights, Ladies Auxiliary, Juvs. of Honor of Am. v ... Charles , 224 La. 785, 790 ... ...
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Harvey Gulf Int'l Marine, Inc. v. Bennu Oil & Gas, LLC
...held that lien statutes must be strictly construed. Id. at 8–11; Grand Lodge Knights, Ladies Auxiliary, Juveniles of Honor of America v. Charles , 224 La. 785, 70 So.2d 684, 790 (1953) (“It is well recognized in our jurisprudence that liens and privileges are stricti juris and that the part......
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City of Alexandria v. Shevnin
...able to put his finger on the law under which it is granted. * * *' Grand Lodge Knights, Ladies Auxiliary, Juveniles of Honor of America v. Charles, 224 La. 785, 70 So.2d 684, 686; Blasingame v. Anderson, 236 La. 505, 108 So.2d 105. Privileges are granted only in pursuance of law and not fr......