Legal Opinion

State ex rel. Nicholls v. Shakespeare

Supreme Court of Louisiana

Decided February 15, 1889No. 10,247PublishedCited by 26 opinions

APPEAL from the Civil District Court tor the Parish of Orleans. Voorldes, J. 1. A mandamus lies to commissioners, or other ministerial officers, to compel them to discharge the duties imposed by legislative enactments. 2 McCord (S. C.) 176 Ann. 2. There need be no positive refusal to perform the duty.

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APPEAL from the Civil District Court tor the Parish of Orleans. Voorldes, J. 1. A mandamus lies to commissioners, or other ministerial officers, to compel them to discharge the duties imposed by legislative enactments. 2 McCord (S. C.) 176 Ann. 2. There need be no positive refusal to perform the duty. It is sufficient if there be unreasonable delay, and manifest intention not to perform it. 32 H. J. Law, 39. 3. In proceeding by mandamus, want of interest should be specially pleaded in return. 3. H. J*. H. 259. 4. In order that a party seeking to have declared unconstitutional a law, it is…

1Opinion of the Court

*158On Motion to Dismiss.

The opinion of the Court was delivered by

Poché, J.

Relators, whose object was to enforce the execution of Act No.' 63 of 1888, entitled “An Act creating a Police Board for the City of New Orleans, and defining its powers,” are appellants from a judgment which, rejected their application for a writ of mandamus to the end proposed by them.'

Appellee’s motion to dismiss the appeal is grounded as follows.:

“ That this Court is without jurisdiction ratione materia) to entertain and pass upon relators’ petition, there being no pay attached to the office of commissioner of police…

2Cited by26 opinions

  1. Threadgill v. Cross, Secretary of StateSupreme Court of Oklahoma · 1910
  2. State ex rel. Saunders v. KohnkeSupreme Court of Louisiana · 1903
  3. Dore v. TugwellSupreme Court of Louisiana · 1955
  4. Smith v. FlournoySupreme Court of Louisiana · 1959
  5. Taylor v. StateSupreme Court of Georgia · 1931

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