State ex rel. Kilbourne v. Dugas

ELLIS, Judge.

This is an intrusion in office suit, brought by the District Attorney of the 20th Judicial District under the provisions of R.S. 42:76(1). The operative facts of the case are set forth in our opinion rendered when this case was before us on an exception of no cause of action. See State ex Rel. Kilbourne v. Dugas, 180 So.2d 440 (La.App.1965).

Subsequent to the above decision, trial was had on the merits of the case in the lower court, and the suit once again was dismissed. From the latter judgment, relator has prosecuted this appeal.

Although a number of procedural objections were…