State ex rel. Fredricks v. Skinner
Supreme Court of Louisiana
Application for Writ of Prohibition. First — The First City Court is without jurisdiction to evict a tenant from leased premises, or to entertain a suit for the posséssion of an immovable. Art. 135 Con. of 1879. ^Second — There is no privity of estate or contract between the sheriff who seizes under a fieri facias and the tenant whom he finds in posession, and, consequently, no relation of landlord and tenant.
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Application for Writ of Prohibition. First — The First City Court is without jurisdiction to evict a tenant from leased premises, or to entertain a suit for the posséssion of an immovable. Art. 135 Con. of 1879. ^Second — There is no privity of estate or contract between the sheriff who seizes under a fieri facias and the tenant whom he finds in posession, and, consequently, no relation of landlord and tenant. Third — Property under seizure is in custodia legis, and the sheriff, for all the purposes of the writ, must invoke the aid of the court having custody of the property, and of which he…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
The questions presented in this case are :
First. Whether the city courts of New Orleans can entertain juris■diction of suits for the ejectment of tenants.
Second. Whether a sheriff, who is in possession under a writ of ■fieri facias of productive real estate, occupied by tenants, has authority to institute such ejectment proceedings before such court in proper •cases.
We have already several times decided that under article 90 of the 'Constitution which vests us with supervisory control and general juris- • diction' over all inferior…
2Cases cited2 opinions
- Howell v. AlkynSupreme Court of Pennsylvania · 1830
- Dunlap v. Erie Water CommissionersSupreme Court of Pennsylvania · 1892
3Cited by4 opinions
- State ex rel. Sorrel v. FosterSupreme Court of Louisiana · 1901
- Campbell v. HartSupreme Court of Louisiana · 1907
- Godchaux Sugars, Inc. v. OckmanLouisiana Court of Appeal · 1953
- Stephens v. JonesLouisiana Court of Appeal · 1930