State ex rel. Attorney General v. Lamantia
Supreme Court of Louisiana
APPEAL from the Oivil District Court, parish of Orleans. Houston, J. Hirst — In a proceeding under the “intrusion act,” where the last commission expressly declares the vacancy to have arisen from the removal of the prior appointee, the courts are powerless to go behind the appointments made and pass upon the propriety or legality of the action of the executive. 32 An. 934; 25 An. 396; 12 An. 719 ; 17 An. 161. Second — The Governor has power to remove inspectors of weights…
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APPEAL from the Oivil District Court, parish of Orleans. Houston, J. Hirst — In a proceeding under the “intrusion act,” where the last commission expressly declares the vacancy to have arisen from the removal of the prior appointee, the courts are powerless to go behind the appointments made and pass upon the propriety or legality of the action of the executive. 32 An. 934; 25 An. 396; 12 An. 719 ; 17 An. 161. Second — The Governor has power to remove inspectors of weights and measures, under section S929 R. S. Third — Section 3929 R. S., is not repealed by the Constitution of 1879. Nicholson…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
Kelators allege that Wm. Martin was appointed by the ■Governor of the State inspector of weights and measures for the first district of New Orleans, on the 26th of January, 1881, vice Vincent Lamantia, removed; that said Martin has been duly qualified and commissioned as such officer, in support of which he presents his commission certifying the above allegations; that notwithstanding his removal ,and the appointment of Martin, said Lamantia refuses to surrender the said office and continues to usurp and intrude into the same, and unlawfully…
2Cases cited5 opinions
- Keenan v. PerryTexas Supreme Court · 1859
- Wright v. DefreesIndiana Supreme Court · 1856
- Sheboygan Co. v. ParkerSupreme Court of the United States · 1866
- Attorney General ex rel. Taylor v. BrownWisconsin Supreme Court · 1853
- People & Platt v. StoutNew York Supreme Court · 1860
3Cited by5 opinions
- People v. MartinSupreme Court of Colorado · 1894
- In Re JonesSupreme Court of Louisiana · 1943
- In Re MerauxSupreme Court of Louisiana · 1943
- Todtenhausen v. Knox CountyTennessee Supreme Court · 1915
- Kemp v. StanleySupreme Court of Louisiana · 1943