Ganucheau v. Rouillier

Plaintiff has appealed from a judgment dismissing his qtio warranto proceeding brought under the provisions of LSA-C.C. P. Art. 3901.

Upon the death of Thomas S. Buckley, Sr., on August 7, 1973, a vacancy existed in the office of Clerk of the Civil District Court for the Parish of Orleans. The unexpired term of office extends until May, 1974.

On August 8, 1973, the Judges of the Civil District Court, meeting en banc, selected and appointed defendant, Joseph E. Rouillier as Clerk of Court, “to serve until such vacancy is filled by election or appointment as provided by law,” whereupon defendant…