Emile Catalanotto v. Associates Discount Corporation

Summary

Justice Summers dissented from the refusal to grant writs, concluding that the plaintiff's petition stated a legally sufficient basis to enjoin executory process. He reasoned that the allegation that one witness did not sign the chattel mortgage in the mortgagor's presence had to be accepted as true at the exception stage and, if true, defeated the mortgage's authentic character. The dissent also concluded that the debtor could seek injunctive relief without furnishing security when challenging the actual authenticity of the instrument.