State ex rel. Horsch v. Judge Civil District Court
Supreme Court of Louisiana
ApPLICATION for Writ of Mandamus. The judgment of the inferior court is productive of great wrong and hardship toward reía- * trix and her minor grandchildren, from which no relief or remedy is afforded by appeal. C. P. 580. In all cases where the action of the lower court is promotive of great hardship and injustice, whether the proceedings be regular or otherwise, and there is no other remedy, the Court should exercise its supervisory power.
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ApPLICATION for Writ of Mandamus. The judgment of the inferior court is productive of great wrong and hardship toward reía- * trix and her minor grandchildren, from which no relief or remedy is afforded by appeal. C. P. 580. In all cases where the action of the lower court is promotive of great hardship and injustice, whether the proceedings be regular or otherwise, and there is no other remedy, the Court should exercise its supervisory power. Constitution, Arts. 81, 90 ; 32 An. 549, 655, 719, 776. 'There can be no dative tutorship where the minor has relations, who may claim the tutorship by…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
This is an application for a mandamus to compel ■■the respondent to render a particular decree.
*269The relatrix claims that it was the duty of the respondent to appoint her tutrix of her minor grandchildren, whose father and mother have died, without appointing to them a testamentary tutor; that he has rejected her application, and conferred the appointment on a half' brother of the minors, against whom she prefers grave charges; that, the judgment is final by signature; that she cannot take a suspensiveappeal from it, none being allowed by…
2Cases cited12 opinions
- Spratt v. SprattSupreme Court of the United States · 1830
- Ex Parte NewmanSupreme Court of the United States · 1872
- Ex Parte Myra Clarke WhitneySupreme Court of the United States · 1839
- Life & Fire Ins. Co. of NY v. AdamsSupreme Court of the United States · 1835
- Ex Parte SchwabSupreme Court of the United States · 1878
7 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Barrow v. DuplantisSupreme Court of Louisiana · 1920