Legal Opinion

Maggiore v. Lochbaum

Louisiana Court of Appeal

Decided April 7, 1916No. 6705Published

Appeal from the 28th Judicial District Court, Parish of Jefferson, No. 2143. Honorable P. E. Edrington, Judge.

1Opinion of the Court

His Honor, EMILE G-ODCHAUX,

rendered the opinion and decree of the Court, as follows:

*440This primary election contest, arising under Act 198 of 1912, was dismissed by trial 'Court on the plea of prescription of two days prescribed by Section.6 of said act (p. 390).

The result of the election was promulgated on a Saturday and the suit was filed on the following Tuesday, that is, more than two calendar days thereafter; while the order summoning the defendant was not signed by the Judge until Wednesday, nor served on the defendant until Thursday.

The suit was seasonably brought if the petition was…

2Cases cited5 opinions

  1. Fellman v. Mercantile Fire & Marine Ins.Supreme Court of Louisiana · 1906
  2. Johnson v. MurphySupreme Court of Louisiana · 1909
  3. Vial v. ElferSupreme Court of Louisiana · 1908
  4. Ficklin v. New River Drainage Dist.Supreme Court of Louisiana · 1913
  5. Thornhill v. WearSupreme Court of Louisiana · 1912

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