Legal Opinion

Lucky v. Police Jury

Supreme Court of Louisiana

Decided April 15, 1894No. 11,877PublishedCited by 6 opinions

PPEAL from the Second District Court, Parish of Bienville. Watkins, J. A vote may be illegal, because the person casting it may not be qualified to vote at the election, or because it is given at the wrong place, or the wrong time, by a qualified elector, or because it is east without a compliance with the requisite preliminaries, or because given in an improper manner. Am. and Eng. Encyclopedia, Vol. 6, p. 351 et seq.

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PPEAL from the Second District Court, Parish of Bienville. Watkins, J. A vote may be illegal, because the person casting it may not be qualified to vote at the election, or because it is given at the wrong place, or the wrong time, by a qualified elector, or because it is east without a compliance with the requisite preliminaries, or because given in an improper manner. Am. and Eng. Encyclopedia, Vol. 6, p. 351 et seq. Fraud on the part of the commissioners of election destroys the. presumption of the correctness of the returns, and destroys their value as evidence. Fraud does not invalidate…

1Opinion of the Court

The opinion of the court was delivered by

Nicholls, O. J.

The controversy in this case arose from an election held on the 17th of January, 1893, under the provisions of Act No. 88 of 1892, for the location of a new parish seat for Bienville parish — the towns contesting for the location being Arcadia and Bienville.

Plaintiffs are voters and tax-payers of the parish, living at and near the town of Bienville; the defendants are the police jury of the parish, cited through its president, and the town of Arcadia, cited through its mayor.

On the 19th of January, 1893, the president of the police jury…

2Cited by6 opinions

  1. Dowling v. Orleans Parish Democratic CommitteeSupreme Court of Louisiana · 1958
  2. Andrews v. BlackmanSupreme Court of Louisiana · 1912
  3. State v. MartinSupreme Court of Louisiana · 1939
  4. Womack v. NettlesSupreme Court of Louisiana · 1924
  5. Smith v. Parish Board of School DirectorsSupreme Court of Louisiana · 1910

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