Legal Opinion

State ex rel. Follet v. Rightor

Supreme Court of Louisiana

Decided December 15, 1880No. 8097PublishedCited by 6 opinions

^PPLICATION for Writ of Prohibition. First — A writ of prohibition may be granted by the Supreme Court to prevent a District Judge from taking cognizance of a suit involving issues pending before the United States Circuit Court (5 R. 27), and also before a District Judge of co-ordinate powers, who had previously acquired jurisdiction over the parties and the subject-matter of the controversy.

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^PPLICATION for Writ of Prohibition. First — A writ of prohibition may be granted by the Supreme Court to prevent a District Judge from taking cognizance of a suit involving issues pending before the United States Circuit Court (5 R. 27), and also before a District Judge of co-ordinate powers, who had previously acquired jurisdiction over the parties and the subject-matter of the controversy. O. P., arts. 94 and 335. In such cases prohibi- , tion is the proper remedy to prevent conflicts of jurisdiction. Blackstone’s Commentaries, Book III, page 112 ; C. P., arts. 846 and 847. ¡Second — The…

1Opinion of the Court

The opinion of the Court was delivered by

Bermudez, C. J.

This is an application for a Prohibition. The rela-tors charge: that, on the 25th of October last the Civil District Court for the parish of Orleans issued an injunction against them to prevent them from acting in a certain manner ; that ón the day following, this injunction was dissolved on bond; that on the 29th of the same month, a sus-pensive appeal was asked, obtained and perfected from the order to dissolve ; that on the 1st of November a rule was taken to punish them for contempt of court for violating said injunction ; that on…

2Cases cited5 opinions

  1. Penley v. City of AuburnSupreme Judicial Court of Maine · 1893
  2. Potter's Appeal from ProbateSupreme Court of Connecticut · 1887
  3. Clarke v. Town Council S. KingstownSupreme Court of Rhode Island · 1893
  4. Gisriel v. Burrows ex rel. BainbridgeCourt of Appeals of Maryland · 1890
  5. Shaw v. SchietingerSupreme Court of New Jersey · 1888

3Cited by6 opinions

  1. People ex rel. Dougan v. District CourtSupreme Court of Colorado · 1883
  2. State ex rel. Union Sawmill Co. v. Summit Lumber Co.Supreme Court of Louisiana · 1906
  3. State v. City of New OrleansSupreme Court of Louisiana · 1921
  4. State ex rel. Le Blanc v. Twenty-First Judicial District Democratic CommitteeSupreme Court of Louisiana · 1908
  5. People v. District Court of Lake CountySupreme Court of Colorado · 1883

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