State ex rel. Simmons v. Boullt

Supreme Court of Louisiana

State ex rel. Simmons v. Boullt

26 La. Ann. 259

CourtSupreme Court of Louisiana

DecidedMarch 15, 1874

DocketNo. 5028

StatusPublished

This text of 26 La. Ann. 259 (State ex rel. Simmons v. Boullt) 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. Simmons v. Boullt, 26 La. Ann. 259 (La. 1874).

Pincite

Opinion

Morgan, J.

The defendant appeals from a judgment commanding him by mandamus to pay into the parish treasury $5000 which he has collected.

Defendant contends that he can not be proceeded against by mandamus. We think with him.

It is therefore ordered, adjudged and decreed that the judgment of the district court be avoided, annulled aud reversed, and that the proceeding by mandamus be dismissed without prejudice to the plaintiffs’ rights to proceed against him in the manner pointed out by law, plaintiffs to pay costs in both courts.

Rehearing refused.

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

Morgan, J.

The defendant appeals from a judgment commanding him by mandamus to pay into the parish treasury $5000 which he has collected.

Defendant contends that he can not be proceeded against by mandamus. We think with him.

It is therefore ordered, adjudged and decreed that the judgment of the district court be avoided, annulled aud reversed, and that the proceeding by mandamus be dismissed without prejudice to the plaintiffs’ rights to proceed against him in the manner pointed out by law, plaintiffs to pay costs in both courts.

Rehearing refused.

Cite This Page — Counsel Stack

Bluebook (online)

26 La. Ann. 259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-simmons-v-boullt-la-1874.