Legal Opinion

Wheeler v. Board of Fire Commissioners

Supreme Court of Louisiana

Decided April 15, 1894No. 11,407PublishedCited by 13 opinions

APPEAL from the Civil District Court, Parish of Orleans. Ellis, J. A de facto officer is entitled to an injunction to prevent interference with him in the discharge of the duties of his office, by a rival claimant, until such time as the title de jure to the office shall have been judicially determined in a proper proceeding.

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APPEAL from the Civil District Court, Parish of Orleans. Ellis, J. A de facto officer is entitled to an injunction to prevent interference with him in the discharge of the duties of his office, by a rival claimant, until such time as the title de jure to the office shall have been judicially determined in a proper proceeding. High on Injunctions, Sec. 1315, 2d Ed.; 41 An. 333; 43 An. 83; the Callan case, 45 An., 673, does not contravene the principle; Callan was not a de facto officer. “ Two persons can not be defacto officers for the same office, at the same time.” 15 Oregon, 456; 3 Am. St.…

1Opinion of the Court

The opinion of the court was delivered by

Nicholls, C. J.

What is known as the fire department of the city of New Orleans owes its origin to the ordinance of the city of New Orleans which bears the number 5614.

The general control and administration of the affairs of the department is entrusted to a board designated as the “ Board of Fire Commissioners of the Oity of New Orleans.”

The powers, rights, duties and obligations of the board are set forth in the ordinance creating it.

Section 5 of the ordinance declares that the commissioners shall appoint all the officers and employés of the…

2Cited by13 opinions

  1. Hurley v. SykesCalifornia Court of Appeal · 1924
  2. Jackson v. PowellSupreme Court of Louisiana · 1907
  3. Ware v. WelchCourt of Appeals of Texas · 1912
  4. Gleason v. WisdomSupreme Court of Louisiana · 1908
  5. Guillory v. JonesSupreme Court of Louisiana · 1941

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