Legal Opinion

State ex rel. Fonseca v. McCulloch

Louisiana Court of Appeal

Decided January 24, 1961No. 226PublishedCited by 6 opinions

1Opinion of the Court

YARRUT, Judge.

Defendant-appellant appeals from a judgment ordering him to surrender to plaintiff-appellee the office of Judge of the Traffic Court of New Orleans. This action was brought under LSA-R.S. 18:1302, the appropriate Intrusion into Office Statute.

The office in question became vacant when the incumbent Judge took his oath as a judge of the Civil District Court for the Parish of Orleans.

It is stipulated that plaintiff-appellee holds a commission, with Senate confirmation, from the Governor of Louisiana; that defendant-appellant holds a commission from the Mayor of New Orleans; that…

2Cases cited4 opinions

  1. Chappuis v. ReggieSupreme Court of Louisiana · 1952
  2. State Ex Rel. Fudickar v. HeardSupreme Court of Louisiana · 1953
  3. Blessing v. LevySupreme Court of Louisiana · 1949
  4. Western Union Telegraph Co. v. Railroad CommissionSupreme Court of Louisiana · 1908

3Cited by6 opinions

  1. Louisiana Television Broadcasting Corp. v. TOTAL CATVLouisiana Court of Appeal · 1977
  2. State v. WilliamsLouisiana Court of Appeal · 1984
  3. Whitney National Bank in Jefferson Parish v. JamesLouisiana Court of Appeal · 1966
  4. Breaux v. Lafourche Parish CouncilLouisiana Court of Appeal · 2003
  5. Vinturella v. UnangstLouisiana Court of Appeal · 1983

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