Louisiana Revised Statutes 51:130 – Sequestration or receivership
Terms Used In Louisiana Revised Statutes 51:130
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Where, because of irreparable injury to the public interest, an injunction is issued under this Part, the court may issue such interlocutory orders as it deems requisite for ex-officio sequestration or for receivership over any property utilized in violating this law. If the business is one to which a public interest has attached by reason of the monopoly or other circumstances, or if the public welfare would suffer from the suspension of defendant‘s business, the court may order the judicial sequestrator or receiver appointed by him, after such officer has been sworn and has given bond in the amount the court fixes, to carry on the business of the defendant until the termination of the suit, with all powers customary and necessary in a receivership proceeding. Either side aggrieved by the judgment appointing or refusing to appoint a receiver has a suspensive appeal within five days, without bond, upon the original papers and in the appellate court the cause shall be heard and determined within forty days after the appeal is lodged, and if the appeal is lodged during vacation of the court, the forty day period shall begin immediately after vacation.