State ex rel. Marks v. Judge of the Third District Court
Supreme Court of Louisiana
PPLICATION for a writ of mandamus. Eirst — The Judge of the Third* District Court rendered a decree staying proceedings in his court until the Second District Court had determined the question of interdiction. We respectfully urge that we are entitled to a decision upon the issues presented to the Third District Court without awaiting the issue of the very proceedings which we insist-are absolutely null; proceedings over which we, not being parties, have no control.
Read the full summary
PPLICATION for a writ of mandamus. Eirst — The Judge of the Third* District Court rendered a decree staying proceedings in his court until the Second District Court had determined the question of interdiction. We respectfully urge that we are entitled to a decision upon the issues presented to the Third District Court without awaiting the issue of the very proceedings which we insist-are absolutely null; proceedings over which we, not being parties, have no control. If our allegations are true that relator is domiciled and resident in Germany, and has never been cited, can we be stopped by…
1Opinion of the Court
The opinion of the court was delivered by
Spencer, J.
John Marks, the relator, brought suit in the Third District Court of Orleans to compel L. B. Cain, his agent, to render an account, and to compel him to surrender relator’s property held as agent, and to enjoin him from longer acting as agent, his power of attorney having been revoked.
Marks alleges that he is a citizen and resident of Frankfort on the Main, in the Empire of Germany. Cain filed a rule to dissolve an exception to this suit of Marks, setting forth in substance that prior to the filing thereof he, Cain, and two cousins of Marks,…
2Cited by1 opinion
- Delord v. LozesSupreme Court of Louisiana · 1917