Legal Opinion

State ex rel. Heitkamp v. Lancaster

Supreme Court of Louisiana

Decided December 10, 1906No. 16,397PublishedCited by 2 opinions

Appeal from Twenty-Sixth Judicial District Court, Parish of St. Tammany; Thomas-Moore Burns, Judge. Application by the state, on the relation of August Heitkamp and others, for writ of mandamus to Joseph B, Lancaster, district attorney. Judgment for plaintiffs, and defendant appeals.

1Opinion of the CourtLand, J.

This is a mandamus proceeding to compel the defendant to recuse himself in a proposed suit to set aside and annul the incorporation of the village of Pearl Biver, so that the court might appoint a district attorney pro tem. to act in conjunction *25with relators in instituting and prosecuting said 'Suit.

The petition alleges that the Governor of the state, in pursuance of Act No. 136 of 1898, did on May 24, 1906, issue and caused to be published his proclamation incorporating said village, and thereafter appointed and commissioned certain persons as the officials thereof.

The petition further…

2Cases cited4 opinions

  1. Laughlin v. Louisiana & New Orleans Ice Co.Supreme Court of Louisiana · 1883
  2. Hayes v. ThompsonSupreme Court of Louisiana · 1869
  3. Berhil v. FiskSupreme Court of Louisiana · 1872
  4. State ex rel. Rills v. LynchSupreme Court of Louisiana · 1871

3Cited by2 opinions

  1. State ex rel. Rogers v. ParsonsSupreme Court of Louisiana · 1907
  2. Landry v. GonzalesSupreme Court of Louisiana · 1917

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