Warren v. McDonald
Supreme Court of Louisiana
APPEAL from the Eighteenth Judicial District Court, parish of Webster. Turner, J. The law does not require a vain or impossible thing.” 22 A. 33. •“ When the letter of the law leads to an absurd conclusion, the judge is bound to recede from it until he arrives at a reasonable conclusion.” 16 L. 268. Sec. 7 of Act 45, Ex.
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APPEAL from the Eighteenth Judicial District Court, parish of Webster. Turner, J. The law does not require a vain or impossible thing.” 22 A. 33. •“ When the letter of the law leads to an absurd conclusion, the judge is bound to recede from it until he arrives at a reasonable conclusion.” 16 L. 268. Sec. 7 of Act 45, Ex. Ses. 1870, applies to cases arising under the writs of mandamus and quo warranto, and the act to prevent intrusion into office, and not .to contested election cases. 12 A. 825, 13 A. 175, 21 A. 289. The order of appeal is the act of the judge, and a mistake of a return day…
1Opinion of the Court
*988The opinion of the Court was delivered by
Poohe, J.
This is a contested election case, growing out of the general election held in this State on the second of December, 1879, at which plaintiff and defendant were competing candidates for the office of Clerk of the District Court of Webster parish.
From a verdict and judgment rendered against him, decreeing that there had been no legal election for that office and ordering a new election, plaintiff has taken a suspensive appeal, which defendant moves to dismiss, on the ground that as this case involves the right to office, the appeal should have…
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