State ex rel. Le Blanc v. Twenty-First Judicial Dist. Democratic Committee

Supreme Court of Louisiana

State ex rel. Le Blanc v. Twenty-First Judicial Dist. Democratic Committee

48 So. 1005, 123 La. 384, 1909 La. LEXIS 714

CourtSupreme Court of Louisiana

DecidedMarch 29, 1909

DocketNo. 17,346

StatusPublished

Cited by6 cases

This text of 48 So. 1005 (State ex rel. Le Blanc v. Twenty-First Judicial Dist. Democratic Committee) 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

State ex rel. Le Blanc v. Twenty-First Judicial Dist. Democratic Committee, 48 So. 1005, 123 La. 384, 1909 La. LEXIS 714 (La. 1909).

Pincite

Opinion

PROVOSTY, J.

At the primary election held by the Democratic party on September 1, 1008, for the nomination of candidates for the election of November 3, 1908, the relator was a candidate for the position of district judge of the Twenty-First judicial district. The district Democratic committee canvassed the returns and declared his opponent elected. Thereupon relator brought this suit, asking for a mandamus commanding the said committee to reconvene and recanvass the said returns, and commanding the chairman of said committee to submit to it the full and complete returns of said election. This mandamus was made peremptory in the district court after trial, and the defendant took a suspensive appeal. The appeal was duly lodged in this court, but before it could be heard the election of November 3, 1908, took place, and the opponent of relator, who had been placed upon the ticket of the Democratic party, was elected to the said office of judge, and in due course was commissioned, and he has qualified. Under these circumstances there is no longer any controversy. There is nothing for this court to act on. The appeal is therefore functus officio, and must be dismissed; and the costs of appeal must be borne by appellant. In re Lambert, 115 La. 470, 39 South. 447; In re Jones, 117 La. 106, 41 South. 431.

Appeal dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

PROVOSTY, J.

At the primary election held by the Democratic party on September 1, 1008, for the nomination of candidates for the election of November 3, 1908, the relator was a candidate for the position of district judge of the Twenty-First judicial district. The district Democratic committee canvassed the returns and declared his opponent elected. Thereupon relator brought this suit, asking for a mandamus commanding the said committee to reconvene and recanvass the said returns, and commanding the chairman of said committee to submit to it the full and complete returns of said election. This mandamus was made peremptory in the district court after trial, and the defendant took a suspensive appeal. The appeal was duly lodged in this court, but before it could be heard the election of November 3, 1908, took place, and the opponent of relator, who had been placed upon the ticket of the Democratic party, was elected to the said office of judge, and in due course was commissioned, and he has qualified. Under these circumstances there is no longer any controversy. There is nothing for this court to act on. The appeal is therefore functus officio, and must be dismissed; and the costs of appeal must be borne by appellant. In re Lambert, 115 La. 470, 39 South. 447; In re Jones, 117 La. 106, 41 South. 431.

Appeal dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

48 So. 1005, 123 La. 384, 1909 La. LEXIS 714, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-le-blanc-v-twenty-first-judicial-dist-democratic-committee-la-1909.

Opinion

Related

Cite This Page — Counsel Stack