State ex rel. New Orleans & Lake Railroad v. City of New Orleans
This text of 44 La. Ann. 354 (State ex rel. New Orleans & Lake Railroad v. City of New Orleans) 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
On Motion to Discontinue.
The opinion of the court was delivered by
Since the submission of this case, but before the decision, the relator has moved to discontinue its application for the extraordinary writs herein invoked.
Counsel for the city opposes the motion and insists that the case should be decided. Art. 491, C. P., declares that “The plaintiff may, in every stage of the suit previous to judgment being rendered, discontinue the suit on paying the costs.”
This alone affords ample warrant for relator’s action. But, aside from this, it would be worse than idle for us to determine whether or not the respondent judge should be compelled by mandamus to grant a suspensive appeal from an order rendered by him when the relator, the only party who wants the appeal, and who invokes our aid to enforce it, in effect withdraws his application for the appeal, and abandons his proceedings in this court enforce it.
The motion to discontinue is granted.
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44 La. Ann. 354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-new-orleans-lake-railroad-v-city-of-new-orleans-la-1892.