State v. Judges of the Sixth Judicial District Court

Supreme Court of Louisiana

State v. Judges of the Sixth Judicial District Court

9 La. Ann. 522

DecidedNovember 15, 1854

StatusPublished

This text of 9 La. Ann. 522 (State v. Judges of the Sixth Judicial 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 v. Judges of the Sixth Judicial District Court, 9 La. Ann. 522 (La. 1854).

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Opinion

Slidell, C. J.

A writ of certiorari is asked with reference to a cause which came up to the District Court upon appeal from a judgment rendered by a Justice of the Peace, in a suit brought by the plaintiff against the defendant, to recover fifty dollars damages for the killing of the plaintiff’s cow. The applicant alleges that his counsel was stopped by the District Judge,- and not allowed to make an argument in his behalf; and bases his application upon the Arts. 855-6-7, &c., of the Code of Practice. The matter in dispute being below the jurisdiction of this court, the cause, and consequently its incidental proceedings, are not within our cognizance. Constitution, Art. 62.

This court derives its jurisdiction from the Constitution, which declares it to be appellate. It can exercise no control over the proceedings of inferior tribunals in causes in which no appeal would lie to this court, and can only interpose its authority when necessary for the maintenance, or in furtherance of its appellate jurisdiction. See also Succession of Macarty, 2 Ann. 979, and cases there cited.

It is therefore ordered, that the application for a certiorari be dismissed at the costs of the applicants.

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Slidell, C. J.

A writ of certiorari is asked with reference to a cause which came up to the District Court upon appeal from a judgment rendered by a Justice of the Peace, in a suit brought by the plaintiff against the defendant, to recover fifty dollars damages for the killing of the plaintiff’s cow. The applicant alleges that his counsel was stopped by the District Judge,- and not allowed to make an argument in his behalf; and bases his application upon the Arts. 855-6-7, &c., of the Code of Practice. The matter in dispute being below the jurisdiction of this court, the cause, and consequently its incidental proceedings, are not within our cognizance. Constitution, Art. 62.

This court derives its jurisdiction from the Constitution, which declares it to be appellate. It can exercise no control over the proceedings of inferior tribunals in causes in which no appeal would lie to this court, and can only interpose its authority when necessary for the maintenance, or in furtherance of its appellate jurisdiction. See also Succession of Macarty, 2 Ann. 979, and cases there cited.

It is therefore ordered, that the application for a certiorari be dismissed at the costs of the applicants.

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Bluebook (online)

9 La. Ann. 522, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-judges-of-the-sixth-judicial-district-court-la-1854.