
    No. 7267.
    Mrs. A. Sinnot vs. A. Rochereau Co.
    Where a party applies foi’ an injunction, accompanying his application with the required bond, or presenting one of the exceptional cases wherein a bond is dispensed with, the judge should, without further requirement, grant or refuse the injunction. There is no authority for the issuance of a rule and taking testimony, touching the merits of the application.
    When, however, such a rule was issued, and upon its trial was discharged, and the case was put at issue by an action and proceeded regularly to the trial, and the demand of plaintiff, on which she based her application for an injunction, was rejected on devolutive appeal taken from such final judgment, this Court, if it finds that this judgment on the merits was correctly rendered, will not remand the case, and grant the preliminary injunction, with the certainty that, after being allowed, it must be dissolved, and particularly where it is shown that the property, the sale of which was sought to be enjoined, had been sold under the execution, and was thus beyond the reach of the remedial process. Judgment affirmed.
    APPEAL from the Sixth District Court for the Parish of Orleans. Bightor, J.
    Plaintiff, in propria persona, Appellant.
    
      O. JE. Schmidt, for Defendants and Appellees.
   The opinion of the Court was delivered by

Todd, J.  