State Ex Rel. Boone v. Fraser

Louisiana Court of Appeal

State Ex Rel. Boone v. Fraser

43 So. 2d 284, 1949 La. App. LEXIS 694

CourtLouisiana Court of Appeal

DecidedDecember 14, 1949

DocketNo. 7462.

StatusPublished

This text of 43 So. 2d 284 (State Ex Rel. Boone v. Fraser) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State Ex Rel. Boone v. Fraser, 43 So. 2d 284, 1949 La. App. LEXIS 694 (La. Ct. App. 1949).

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Opinion

Relator's application for a writ of mandamus directing the trial Judge to fix a civil suit for trial by preference under authority of Act No. 102 of 1928 must be denied for the reason that the supervisory powers of the Supreme Court under Article 7 of the Constitution extend to all cases where abuse of judicial power and discretion is charged, regardless of the amount involved. The supervisory jurisdiction granted to the several Courts of Appeal by section 2 of Article 7 of the Constitution is confined to power to issue such writs and orders only as are necessary in aid of the Court's appellate jurisdiction. Allen v. Allen, 165 La. 437, 115 So. 648.

The alternative writ issued herein is recalled and relator's application is dismissed.

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Relator's application for a writ of mandamus directing the trial Judge to fix a civil suit for trial by preference under authority of Act No. 102 of 1928 must be denied for the reason that the supervisory powers of the Supreme Court under Article 7 of the Constitution extend to all cases where abuse of judicial power and discretion is charged, regardless of the amount involved. The supervisory jurisdiction granted to the several Courts of Appeal by section 2 of Article 7 of the Constitution is confined to power to issue such writs and orders only as are necessary in aid of the Court's appellate jurisdiction. Allen v. Allen, 165 La. 437, 115 So. 648.

The alternative writ issued herein is recalled and relator's application is dismissed.

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Bluebook (online)

43 So. 2d 284, 1949 La. App. LEXIS 694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-boone-v-fraser-lactapp-1949.

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