Legal Opinion

Guilbeau v. Détiège

Supreme Court of Louisiana

Decided July 15, 1880No. 1086PublishedCited by 2 opinions

APPEAL from the Twenty-Eirst Judicial District Court, parish of St. Martin. Fontelieu, J. First — The court will of its own motion dismiss an appeal for want of pecuniary interest in the appellant. 28 A. pp. 89 and 90. Second — The interest which entitles a party to an appeal must be a real existing interest in a particular cause, and not a conjectural one, contingent on the happening of an uncertain event. The State ex rel.

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APPEAL from the Twenty-Eirst Judicial District Court, parish of St. Martin. Fontelieu, J. First — The court will of its own motion dismiss an appeal for want of pecuniary interest in the appellant. 28 A. pp. 89 and 90. Second — The interest which entitles a party to an appeal must be a real existing interest in a particular cause, and not a conjectural one, contingent on the happening of an uncertain event. The State ex rel. A. Agusti vs. J. D. Houston, sheriff, 30 A. 1174; Arrowsmith vs. Bappelge et al. 19 A. 327.

1Opinion of the Court

On Motion to Dismiss.

The opinion of the Court was delivered by

Poché, J.

At the December election of 1879, W. A. Guilbeau and Emile Dótiége were competing candidates for the office of Sheriff of the parish of St. Martin, and Dótiége was returned as elected. Whereupon Guilbeau instituted suit, contesting the validity of his opponent's election on various grounds of nullity, all of which wore subsequently abandoned, and on the following:

*910That on the day of said election, the commissioners illegally removed the polling place of the 3d ward from the premises of Edouard Guidry, where it had been…

2Cases cited2 opinions

  1. Whitehouse v. CummingsSupreme Judicial Court of Maine · 1890
  2. Oliver v. BaileySupreme Judicial Court of Maine · 1892

3Cited by2 opinions

  1. Citizens' Bank of Columbia v. Bellamy Lumber Co.Supreme Court of Louisiana · 1916
  2. City of Alexandria v. Police JurySupreme Court of Louisiana · 1916

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