Legal Opinion

State v. Blanchard

Supreme Court of Louisiana

Decided May 15, 1851PublishedCited by 3 opinions

APPEAL from the Fifth District Court of New Orleans, Buchanan, J. This was an application for a mandamus, upon the relation of Hugh Grant, who alleged, that he had been duly elected to the office of surveyor of the Municipality Number Two; and that the defendant, who was his predecessor, refused to give him up the records, and to permit him to exercise the duties of the office.

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APPEAL from the Fifth District Court of New Orleans, Buchanan, J. This was an application for a mandamus, upon the relation of Hugh Grant, who alleged, that he had been duly elected to the office of surveyor of the Municipality Number Two; and that the defendant, who was his predecessor, refused to give him up the records, and to permit him to exercise the duties of the office. The application was resisted, upon the ground, that the relator, being at the time of his election a citizen of another parish, was ineligible to the office.

1Opinion of the Court

The judgment of the court was pronounced by

Slidell, J.

The clause of the 95th art. of the Constitution, which restricts eligibility to parish offices to persons who have the right to vote in such parish, contemplates State officers. In interpreting the 126 art., which declares that no person shall hold or exercise, at ,the same time, more than one civil office of emolument, except that of justice of the peace, we held, that it contemplated State officers. See Dorsey v. Vaughan, 5th Ann. 156.

Public offices and employments are established for the benefit of the people, not of the functionaries;…

2Cited by3 opinions

  1. Attorney General ex rel. Moreland v. Common CouncilMichigan Supreme Court · 1897
  2. State ex rel. Attorney General v. GeorgeSupreme Court of Florida · 1887
  3. Beazley v. LuncefordSupreme Court of Georgia · 1934

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