State ex rel. Barbin v. Secretary of State
Supreme Court of Louisiana
A PPEAL from the Fifth District J. Court, parish of Orleans. Bogers, 'The Statutes of 1877 and 1878 provide exactly for the manner in which election returns shall be forwarded to the Secretary of State and by. him tabulated and promulgated. The very object of those laws is to take away from him all discretionary power in that respect. In the case at bar, that officer has, under compulsory process of Court, tabulated the official returns of election with spurious returns.
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A PPEAL from the Fifth District J. Court, parish of Orleans. Bogers, 'The Statutes of 1877 and 1878 provide exactly for the manner in which election returns shall be forwarded to the Secretary of State and by. him tabulated and promulgated. The very object of those laws is to take away from him all discretionary power in that respect. In the case at bar, that officer has, under compulsory process of Court, tabulated the official returns of election with spurious returns. He must be compelled by Mandamus to correct his mistake. His reason, that he has exhausted his power and cannot legally…
1Opinion of the Court
The opinion of the Court was delivered by
Todd, J.
The Relator, Aristide Barbin, alleges, in substance, that at the general election held on the 2nd December, 1879, he was elected Judge of the Twelfth Judicial District Court; that the official returns of said election, forwarded to the office of the Secretary of State and filed therein, as shown by the annexed certificate of said officer, were as follows:
A. Barbin. W. F. Blackman. H. L. Daigre.
Grant 42 356 51
Avoyelles. Rapides .. 2550 352 318 2230 114 201
Total. 2944 2904 366
Plurality for A. Barbin 40 votes.
*581That in conformity with said official…
2Cases cited2 opinions
- Clark v. McKenzieCourt of Appeals of Kentucky · 1870
- Burke v. Supervisors of Monroe CountyWest Virginia Supreme Court · 1870
3Cited by3 opinions
- State ex rel. Trosclair v. Parish Democratic CommitteeSupreme Court of Louisiana · 1908
- State Ex Rel. City of Shreveport v. DicksonLouisiana Court of Appeal · 1933
- Parker v. Democratic Executive CommitteeLouisiana Court of Appeal · 1926