No cited authorities resolved to law.co cases yet.
Marr, J.,
dissents from the infliction of damages on the ground that damages can be awarded upon the dissolution of a money judgment alone, saying “ in my opinion an order of seizure and sale is not a money judgment, and damages cannot be awarded on dissolving an injunction arresting such sale. My views have been stated at length in Landry v. Victor, 30 An. 1044.”
De Blanc, J.
This case differs from Lannes v. Work. Bank. The sale of Catherine Daly’s property as the property of her husband was null, but besides that, the insurance company, that held a mortgage upon it, offered to redeem it within six months. As the rate of interest which the debt bears is eight per cent, not more than twelve per cent can be allowed as damages in the absence of proof that a greater damage has been suffered. 15 A. 183.
Judgment amended accordingly.
