Breaux v. Lejeune
This text of 25 La. Ann. 364 (Breaux v. Lejeune) 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.
Opinion
This is a controversy for the office of sheriff of the parish of Pointe Coupee, and from the judgment decreeing the plaintiff to be the legal sheriff, the defendant appeals.
[365]*365The suit is brought in plaintiff’s own name. We think he has mistaken his remedy. The proceeding should have been under the “Intrusion Act.” Hays v. Thompson, 21 An. 655; State v. Delassize, 21 An. 710; State v. Dranguet, 23 An. 784.
The suit was not authorized by act No. 41 of the acts of 1873, as ■claimed by the plaintiff.
It is, therefore, ordered that the judgment herein be annulled; and it is now ordered that the injunction be dissolved, and this suit be dismissed, at plaintiff’s costs in both courts.
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25 La. Ann. 364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/breaux-v-lejeune-la-1873.