Bougere v. Edwards

Supreme Court of Louisiana

Bougere v. Edwards

514 So. 2d 1171, 1987 La. LEXIS 10602

CourtSupreme Court of Louisiana

DecidedNovember 20, 1987

DocketNo. 87-CC-2498

StatusPublished

Cited by1 cases

This text of 514 So. 2d 1171 (Bougere v. Edwards) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bougere v. Edwards, 514 So. 2d 1171, 1987 La. LEXIS 10602 (La. 1987).

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Opinion

In re Edwards, Edwin; Brown, James H. Secy./St.; Fowler, Jerry Comr. of Elect.; Harahan Citizens/Better Life; applying for supervisory and/or remedial writ; to the Court of Appeal, Fifth Circuit, No. 87-C-0789; Parish of Jefferson, 24th Judicial District Court, Div. “E”, No. 353-699.

Writ granted in part and denied in part. The Court of Appeal was correct in ordering that the matter be tried with dispatch and in remanding the matter to the trial court for the re-scheduling of trial. Their essential holding, that La.R.S. 18:1406 does not apply to this matter, and their application of Page v. Madere, 472 So.2d 595 (5th Cir.1985), is reversed. La.R.S. 18:1300.17 as amended by Act 669 of 1986 unambiguously and specifically provides that the procedural provisions of the Election Code apply to situations similar to the one presented here, i.e. the right to contest the recall of an elected official or any proceeding in relation thereto.

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In re Edwards, Edwin; Brown, James H. Secy./St.; Fowler, Jerry Comr. of Elect.; Harahan Citizens/Better Life; applying for supervisory and/or remedial writ; to the Court of Appeal, Fifth Circuit, No. 87-C-0789; Parish of Jefferson, 24th Judicial District Court, Div. “E”, No. 353-699.

Writ granted in part and denied in part. The Court of Appeal was correct in ordering that the matter be tried with dispatch and in remanding the matter to the trial court for the re-scheduling of trial. Their essential holding, that La.R.S. 18:1406 does not apply to this matter, and their application of Page v. Madere, 472 So.2d 595 (5th Cir.1985), is reversed. La.R.S. 18:1300.17 as amended by Act 669 of 1986 unambiguously and specifically provides that the procedural provisions of the Election Code apply to situations similar to the one presented here, i.e. the right to contest the recall of an elected official or any proceeding in relation thereto.

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Bluebook (online)

514 So. 2d 1171, 1987 La. LEXIS 10602, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bougere-v-edwards-la-1987.

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