Legal Opinion · Dissent

Cobb v. Louisiana Board of Institutions

Supreme Court of Louisiana

Decided April 27, 1959No. 43632Published

1DissentHawthorne, Justice

According to the majority opinion Section 4 of Senate Bill No. 100 is an appropriation, and for the reasons given in the opinion the majority conclude that the act in its entirety is unconstitutional because this section cannot be separated from the remaining portions of the bill.

As I view the matter,, the main purpose and object of the bill was to waive sovereign immunity from suit in favor of Cobb, and this was the intention of the Legislature in adopting the bill. Consequently, assuming that Section 4 is an appropriation, I think it can be deleted from the bill even in the absence of a…

2Cases cited2 opinions

  1. Womack v. VarnadoSupreme Court of Louisiana · 1943
  2. Calcasieu Long Leaf Lumber Co. v. ReidSupreme Court of Louisiana · 1919

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