Breaux v. Breaux

Supreme Court of Louisiana

Breaux v. Breaux

168 So. 2d 599, 246 La. 903, 1964 La. LEXIS 2795

Supreme Court of Louisiana·Decided November 18, 1964·No. No. 47548·Published

Opinion

In re: Shirley M. Breaux et al. applying for writs of certiorari, mandamus and prohibition and for a stay order. 161 So.2d 403.

Writ refused. The showing made does not warrant the exercise of our supervisory jurisdiction.

McCALEB, J., is of the opinion that a writ should be granted mainly on the ground that two judges (a minority) of the Court of Appeal were without authority to summarily dismiss a remedial writ, once granted, without a contradictory hearing before the Court and an opinion assigning reasons for its action as prescribed by Section 1 of Article 7 of the Constitution.

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In re: Shirley M. Breaux et al. applying for writs of certiorari, mandamus and prohibition and for a stay order. 161 So.2d 403.

Writ refused. The showing made does not warrant the exercise of our supervisory jurisdiction.

McCALEB, J., is of the opinion that a writ should be granted mainly on the ground that two judges (a minority) of the Court of Appeal were without authority to summarily dismiss a remedial writ, once granted, without a contradictory hearing before the Court and an opinion assigning reasons for its action as prescribed by Section 1 of Article 7 of the Constitution.

Breaux v. Breaux, 168 So. 2d 599, 246 La. 903, 1964 La. LEXIS 2795 (La. 1964).

Pincite

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Opinion

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