State ex rel. Pilcher v. Judge of the Fifth District Court

Supreme Court of Louisiana

State ex rel. Pilcher v. Judge of the Fifth District Court

1 Mann. Unrep. Cas. 234

CourtSupreme Court of Louisiana

DecidedJuly 1, 1880

DocketNo. 7604

StatusPublished

This text of 1 Mann. Unrep. Cas. 234 (State ex rel. Pilcher v. Judge of the Fifth District Court) 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. Pilcher v. Judge of the Fifth District Court, 1 Mann. Unrep. Cas. 234 (La. 1880).

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Opinion

Spencer, J.

It is manifest that in quashing the fi. fa., and discharging the rule the judge did not invade, hinder, or obstruct the jurisdiction of this court. It was an act looking rather to the contrary— to the maintenance rather than to the invasion of our jurisdiction. It is unnecessary to decide what is the effect of the bank’s appeal. It will be time enough to do that when Mrs. Pilcher appeals from the judgment quashing her fi. fa., or when the bank invokes our interposition by prohibition to prevent a disregard of its alleged rights under its appeal.

Writ refused.

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Spencer, J.

It is manifest that in quashing the fi. fa., and discharging the rule the judge did not invade, hinder, or obstruct the jurisdiction of this court. It was an act looking rather to the contrary— to the maintenance rather than to the invasion of our jurisdiction. It is unnecessary to decide what is the effect of the bank’s appeal. It will be time enough to do that when Mrs. Pilcher appeals from the judgment quashing her fi. fa., or when the bank invokes our interposition by prohibition to prevent a disregard of its alleged rights under its appeal.

Writ refused.

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Bluebook (online)

1 Mann. Unrep. Cas. 234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-pilcher-v-judge-of-the-fifth-district-court-la-1880.