Legal Opinion

State ex rel. Ford v. Miltenberger

Supreme Court of Louisiana

Decided March 15, 1881No. 8158PublishedCited by 10 opinions

^PPEAL from the Civil District Court, parish of Orleans. Tissot, First — The right to public office, to be filled by elections, is derived from the fact ol election. The remedy under the Intrusion Act is in favor of those rightfully entitled to the office, the suit to be brought by the State, joining the name of the party entitled. The issue of the commission does not settle the right.

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^PPEAL from the Civil District Court, parish of Orleans. Tissot, First — The right to public office, to be filled by elections, is derived from the fact ol election. The remedy under the Intrusion Act is in favor of those rightfully entitled to the office, the suit to be brought by the State, joining the name of the party entitled. The issue of the commission does not settle the right. Hence, one rightfully entitled to the office by the faotof his election, m.ay involre the remedy afforded by the Act, against one to whom the commission has issued; in other words, the commission is not the…

1Opinion of the Court

The opinion of the Court was delivered by

Bermudez, C. J.

This proceeding was instituted by the State, under the intrusion into office act, at the instance of J. T. Ford, who claims that he is rightfully entitled to the office of Recorder of the Second and Third Districts of New Orleans. Upon that fundamental averment the charge is made that the defendant has nevertheless taken possession,of that office, holds the same, and exercises the functions thereof, as though elected thereto, all this unlawfully, by usurpation of, and intrusion into, said office. Prayer is made for judgment, decreeing…

2Cited by10 opinions

  1. Chappuis v. ReggieSupreme Court of Louisiana · 1952
  2. State Ex Rel. Williams v. CageSupreme Court of Louisiana · 1940
  3. Blessing v. LevySupreme Court of Louisiana · 1949
  4. State ex rel. Langlois v. LancasterSupreme Court of Louisiana · 1951
  5. Thomas v. DoughtySupreme Court of Louisiana · 1927

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