Jones v. City of New Orleans
Supreme Court of Louisiana
Action by Mrs. Irene C. Jones against the City of New Orleans. On plaintiff’s application for writs of mandamus and prohibition to compel respondent judge to grant a suspensive appeal from an order dissolving an injunction on bond.
1Opinion of the CourtProvosty, J.
This is an application for a mandamus to compel the respondent judge to grant a suspensive appeal from an order dissolving an injunction on bond.
[1] Section 1 of rule 15 of this court (67 South, xi 1) provides that no application of this kind shall be entertained unless previous notice of the intention to make same shall have been given to the opposite party or his counsel, “the service of such notice to be made to appear by the affidafdt of the applicant or his counsel.”
Noncompliance with this requirement has. been repeatedly held to be fatal to the application. Howcott v. Ruddock Orleans…
2Cases cited1 opinion
- Howcott v. Ruddock Orleans Cypress Co.Supreme Court of Louisiana · 1920
3Cited by1 opinion
- State v. FleckingerSupreme Court of Louisiana · 1922