
    No. 4.
    
    State ex rel. Lamarque v. City of New Orleans et al.
    
    Pending a suspensive appeal, the rights of an appellant thus secured cannot be impaired or destroyed by subsequent proceedings in the lower court, which would, from their nature, determine the rights of parties in advance of the decision of the Appellate Court.
    This Court will interfere and prohibit such proceedings.
    
      Application for Writ of Prohibition.
    
    
      8. Beldrni, for relator.
   Rogers, J.

There is no dispute as to the identity of the private market kept by relator, referred to by him in his suit, and the one referred to by the city in the subsequent suit.

The question pending on appeal is whether the relator has a right to carry on his private market on Decatur street, in this city. When that question is answered, necessarily the several writs of injunction must abide the result. The jurisdiction of this Court would be easily destroyed if we should grant the premises taken by the city authorities.

The writ of prohibition herein issued is made perpetual, with costs.  