Legal Opinion

State ex rel. Kuhlman v. Rost

Supreme Court of Louisiana

Decided July 1, 1895No. 11,599PublishedCited by 10 opinions

PPLIOATION for Writ of Prohibition. On October 6, 1894, the Governor of the State appointed and commissioned B. J. Kuhlman police juror, Ward 5, parish of St. Oharles, vice L. A. Oambre, removed. Kuhlman took his oath of office on October 10 following, on which day he attended a meeting of the police jury of the parish.

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PPLIOATION for Writ of Prohibition. On October 6, 1894, the Governor of the State appointed and commissioned B. J. Kuhlman police juror, Ward 5, parish of St. Oharles, vice L. A. Oambre, removed. Kuhlman took his oath of office on October 10 following, on which day he attended a meeting of the police jury of the parish. The jury was composed of H. L. Young, T. 0. Madere, A. E. Picard, vice LeSassier, removed; P. M. Kenner, vice Sarpy, removed, and the relator, Kuhlman, the members of the jury, Young and Madere, meeting with and recognizing the newly appointed jurors, and the police jury, as…

1Opinion of the Court

The opinion of the court was delivered by

Nicholls, C. J.

The proceeding of Cambre in the matter of the injunction sued out, which has been brought before us in this case, notwithstanding the use of the name of the State in its title, is a private suit of Cambre against Kuhlman. Its object, however, is not so much to stay the payment to Kuhlman of any moneys which, but for the injunction, would be made to him under color of office as a police juror, as through the arm of the judiciary to direct, control and regulate the performance of public duties by officers of another department of the…

2Cases cited1 opinion

  1. Beebe v. RobinsonSupreme Court of Alabama · 1875

3Cited by10 opinions

  1. Jackson v. PowellSupreme Court of Louisiana · 1907
  2. Gleason v. WisdomSupreme Court of Louisiana · 1908
  3. Guillory v. JonesSupreme Court of Louisiana · 1941
  4. State Ex Rel. Summit Fidelity and Surety Company v. Police Jury of Rapides ParishLouisiana Court of Appeal · 1961
  5. Alleman v. DufresneLouisiana Court of Appeal · 1944

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