Kelly v. Millsaps

Supreme Court of Louisiana

Kelly v. Millsaps

71 So. 844, 139 La. 547, 1916 La. LEXIS 1588

CourtSupreme Court of Louisiana

DecidedMay 9, 1916

DocketNo. 21903

StatusPublished

Cited by2 cases

This text of 71 So. 844 (Kelly v. Millsaps) 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

Kelly v. Millsaps, 71 So. 844, 139 La. 547, 1916 La. LEXIS 1588 (La. 1916).

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Opinion

On Motion to Dismiss Appeal.

MONROE, C. J.

This proceeding was instituted on March 6, 1916, by a number of electors of the parish of Caldwell, who prayed that the secretary of state be ordered to place the. name of one of their number, to wit, J. L. Kelly, on the official ballot to be used at the general election to be held ton April 16th as independent candidate for the office of sheriff. The matter was heard and the demand of the petitioner denied on March 13th. An appeal was applied for on behalf of all the plaintiffs, granted, and made returnable on March 29th, and was returned to this court on March 31st. On April 3d appellee moved that it be dismissed, ton the grounds that the bond does not identify the judgment appealed from, and that, being prepared on behalf of “J. L. Kelly and all other plaintiffs,” it is signed (through his attorney) by J. L. Kelly alone. On April 22d by supplemental motion the further ground was added that the general election, having taken place on April 18th left nothing for decision but a moot question. No appearance has been made in this court by or on behalf of petitioners, or either of them, whether to set the case for an early hearing or for any other purpose, and, it being Obviously impossible for any judgment that may now be rendered to overtake the general election which was held a week ago.

It is ordered that this appeal be dismissed.

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On Motion to Dismiss Appeal.

MONROE, C. J.

This proceeding was instituted on March 6, 1916, by a number of electors of the parish of Caldwell, who prayed that the secretary of state be ordered to place the. name of one of their number, to wit, J. L. Kelly, on the official ballot to be used at the general election to be held ton April 16th as independent candidate for the office of sheriff. The matter was heard and the demand of the petitioner denied on March 13th. An appeal was applied for on behalf of all the plaintiffs, granted, and made returnable on March 29th, and was returned to this court on March 31st. On April 3d appellee moved that it be dismissed, ton the grounds that the bond does not identify the judgment appealed from, and that, being prepared on behalf of “J. L. Kelly and all other plaintiffs,” it is signed (through his attorney) by J. L. Kelly alone. On April 22d by supplemental motion the further ground was added that the general election, having taken place on April 18th left nothing for decision but a moot question. No appearance has been made in this court by or on behalf of petitioners, or either of them, whether to set the case for an early hearing or for any other purpose, and, it being Obviously impossible for any judgment that may now be rendered to overtake the general election which was held a week ago.

It is ordered that this appeal be dismissed.

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Bluebook (online)

71 So. 844, 139 La. 547, 1916 La. LEXIS 1588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-v-millsaps-la-1916.

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