State ex rel. Hunter v. Capers
Supreme Court of Louisiana
APPEAL from the Tenth District Court, Parish of Red River. Mall, J. "When the question involved is the title to an office, and on the trial two commissions are presented, one hy each of the claimants, aud the question of right depends solely and exclusively upon the commissions, the latest in date will be presumed to confer the better right. Manning’s IT.
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APPEAL from the Tenth District Court, Parish of Red River. Mall, J. "When the question involved is the title to an office, and on the trial two commissions are presented, one hy each of the claimants, aud the question of right depends solely and exclusively upon the commissions, the latest in date will be presumed to confer the better right. Manning’s IT. Cases, p. 75; 16 A. 438; 19 A. 210. 1. An election commission signed bv the Governor is prima facie evidence until rebutted and set aside, after a contest, according to law. Collin vs. Knoblock, 25 Ann. 264; State ex rel. Ford vs.…
1Opinion of the Court
The opinion of the Court was delivered by
Todd, J.
This ease presents a contest for the office of justice of the peace of the Second ward of the parish of Red River, under the Intrusion into Office Act, being Act 56 of 1868.
There is a motion to dismiss the appeal for want of jurisdiction in this Court, ratlone materice. The relator avers that the office is worth more than five hundred dollars, and the defendant that its value exceeds two thousand dollars.
Talcing the pleadings as the test, without any suggestion that the estimate made therein is fictitious, or any reason to so conclude, we think…
2Cited by1 opinion
- State v. ChildersSupreme Court of Louisiana · 1941