
    No. 7159.
    Spencer Field vs. Daniel Weaver.
    It does not matter that a petition for injunction is not designated a petition of third opposition when the allegations and prayer give it that character.
    The averments in a petition for injunction — that his notes had been deposited with the party who had sued out the executory process who had wrongfully appropriated them, and that they were the property of the petitioner, and hence were extinguished — are within the third paragraph of Art. 739, Code of Practice, and Art. 710, which latter authorizes the injunction without bond.
    If a prayer for damages in such petition is unauthorized, it can prejudice no one, nor can it deprive the opposing party of his right to a summary trial.
    At the end of the petition, after the signature of the attorney, is the signature of the plaintiff followed by the usual jurat, " sworn to and subscribed before me,” signed by the cleric. Held, this was a swearing to the petition, and hence to the facts and allegations contained therein.
    Appeal from the Sixth District Court of Now Orleans. Rightor, J.
    
      B. Egan for Plaintiff Appellant. E. & E. J. Bermudez for Defendant.
   White, J.,

delivered the opinion reversing the judgment and remanding the case.  