Legal Opinion

Jackson v. Powell

Supreme Court of Louisiana

Decided August 8, 1907No. 16,722PublishedCited by 17 opinions

Application by R. B. Powell and others for writs of certiorari and prohibition to review an order of a trial judge refusing to set aside an application for an injunction restraining relators as a new school board of the parish of De Soto, appointed by the Governor, from entering upon the discharge of the duties of such office, which were being exercised by A. F. Jackson and others, constituting an old board, all of the members of which had been removed by the Governor.

1Opinion of the CourtProvostx, J.

In the exercise of power apparently conferred upon him by a statute, the Governor removed from office the members of the school board of the parish of De Soto, and appointed a new board. The new board qualified by taking the oath of office, and “were in the act of assembling and en*883tering upon the discharge of the duties of said office,” when the old board sued out an injunction. This was upon the authority of the cases of Guillotte v. Poincy, 41 La. Ann. 333, 6 South. 507, 5 L. R. A. 403, Goldman v. Gillespie, 43 La. Ann. 83, 8 South. 880, Wheeler v. Board of Com’rs, 46 La. Ann. 731, 15…

Also in this document: Concurrence.

2Cases cited7 opinions

  1. Guillotte v. PoincySupreme Court of Louisiana · 1889
  2. Goldman v. GillespieSupreme Court of Louisiana · 1891
  3. Peters v. BellSupreme Court of Louisiana · 1898
  4. Wheeler v. Board of Fire CommissionersSupreme Court of Louisiana · 1894
  5. State ex rel. Kuhlman v. RostSupreme Court of Louisiana · 1895

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3Cited by17 opinions

  1. Ekern v. McGovernWisconsin Supreme Court · 1913
  2. State Ex Rel. Porterie v. SmithSupreme Court of Louisiana · 1935
  3. Dastugue v. CohenLouisiana Court of Appeal · 1930
  4. Lemasters v. WillmanMissouri Court of Appeals · 1955
  5. State ex rel. Bourg v. TurnerSupreme Court of Louisiana · 1922

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