State ex rel. Keiffer Bros. v. Judge Fifth District

Louisiana Court of Appeal

State ex rel. Keiffer Bros. v. Judge Fifth District

1 Gunby 38

DecidedJuly 1, 1885

StatusPublished

This text of 1 Gunby 38 (State ex rel. Keiffer Bros. v. Judge Fifth District) 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. Keiffer Bros. v. Judge Fifth District, 1 Gunby 38 (La. Ct. App. 1885).

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Opinion

Clinton, J.

A mandamus cannot issue from the Circuit Court to compel a District Judge to grant a writ of injunction, attachment or sequestration. 28 An. 905; 31 An. 734; Manning’s Cases, p. 318. Where a Judge refuses to grant such orders, the remedy of the applicant is either by appeal to this Court, or an application to the Supreme Court to compel the Judge, under its supervisory powers, to grant the proper order. Const. Art. 90; 32 An. 549; 36 An., Murray vs. Lazarus, Judge.

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Clinton, J.

A mandamus cannot issue from the Circuit Court to compel a District Judge to grant a writ of injunction, attachment or sequestration. 28 An. 905; 31 An. 734; Manning’s Cases, p. 318. Where a Judge refuses to grant such orders, the remedy of the applicant is either by appeal to this Court, or an application to the Supreme Court to compel the Judge, under its supervisory powers, to grant the proper order. Const. Art. 90; 32 An. 549; 36 An., Murray vs. Lazarus, Judge.

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Bluebook (online)

1 Gunby 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-keiffer-bros-v-judge-fifth-district-lactapp-1885.