Legal Opinion

State ex rel. Rocchi v. Judge of the Civil District Court

Supreme Court of Louisiana

Decided April 15, 1893No. 11,163PublishedCited by 7 opinions

y^PPLIOATION for Certiorari and Prohibition. The docketing- of a cause according to law is an essential prerequisite to all judicial proceedings; unless waived or ratified by parties who are capable of acquiescing in, and assenting to, an Irregularity of that kind. 41 An. 1108, James vs« Meyer.

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y^PPLIOATION for Certiorari and Prohibition. The docketing- of a cause according to law is an essential prerequisite to all judicial proceedings; unless waived or ratified by parties who are capable of acquiescing in, and assenting to, an Irregularity of that kind. 41 An. 1108, James vs« Meyer. The Supreme Court has exclusive control and general supervision of all inferior courts, and it alone can issue to such courts the remedial writs mentioned in Art. 90 of the Constitution, whether the cases before the inferior courts are or not appealable. 89 An. 97, State ex rel. Hirsch vs. Judge; 87…

1Opinion of the Court

The opinion of the court was delivered by

Fenner, J.

The facts, so far as it is necessary to state them, are that in a certain suit pending before a city court, and which was confessedly appealable to the Civil District Court, the cast defendant applied to the city court for a suspensive appeal; which the latter court denied on the ground that the delay allowed by law for a suspensive appeal had expired. Said defendant then applied to the Civil District Court, vested with appellate jurisdiction over the cause, for writs of mandamus, prohibition and certiorari in order to compel the granting of…

2Cited by7 opinions

  1. Pullen v. PullenSupreme Court of Louisiana · 1926
  2. State ex rel. Duffy v. Civil District CourtSupreme Court of Louisiana · 1904
  3. Paul v. TabonySupreme Court of Louisiana · 1924
  4. Keegan v. Board of Com'rsSupreme Court of Louisiana · 1923
  5. Saint v. MartelSupreme Court of Louisiana · 1909

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