Legal Opinion

State ex rel. Isaacson v. Judge of Civil District Court

Supreme Court of Louisiana

Decided January 15, 1882No. 8442Published

Application for Writ of Mandamus. 1. Act Ho. 15, approved Eebruary 24th, 1877, relating to the cancellation of official bonds, does not require any new pleadings to he filed after the Governor has referred the parties • to a competent court to decide upon their respective rights.

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Application for Writ of Mandamus. 1. Act Ho. 15, approved Eebruary 24th, 1877, relating to the cancellation of official bonds, does not require any new pleadings to he filed after the Governor has referred the parties • to a competent court to decide upon their respective rights. The record is made up in the Secretary of State’s office before the reference. % The public notices given by the Governor under this Act resemble a monition. > The oppositions are answers, and the burden of proof rests upon the parties opposing, to estab- ' lish their averments. Replications are not permitted in our…

1Opinion of the Court

Tlie opinion of tlie Court was delivered by

Bermudez;, C. J.

This is an application for a manclamns to compel the District Jndge to hear, try and determine a certain matter alleged tobe pending before the court over which he presides, and which was assigned to him, and which lie refuses to entertain and decide.

■"-'The Relators aver substantially:

That under the. provisions of Act No-. 15 of 1877, they applied to the Executive for the cancellation of their official bonds, each for $25,000,-*75as Administrators of the City of New Orleans; that the required publication was given of their application…

2Cases cited5 opinions

  1. Castello v. St. Louis Circuit CourtSupreme Court of Missouri · 1859
  2. Rhodes v. CraigCalifornia Supreme Court · 1863
  3. Beguhl v. SwanCalifornia Supreme Court · 1870
  4. Robeson v. GibbonsSupreme Court of Pennsylvania · 1829
  5. People ex rel. Green v. De La GuearraCalifornia Supreme Court · 1872

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