Goldman v. Gillespie
Supreme Court of Louisiana
Young, J.. PPEAL from the Ninth District Court, Parish of Concordia. 1. An injunction will lie to protect a de facto officer in his possession against the interference of a claimant whose title is disputed, until the latter shall establish his title by the judicial proceeding provided by law.
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Young, J.. PPEAL from the Ninth District Court, Parish of Concordia. 1. An injunction will lie to protect a de facto officer in his possession against the interference of a claimant whose title is disputed, until the latter shall establish his title by the judicial proceeding provided by law. Guillotte vs. Poincy, 41 An. 333, and authorities therein cited. 2. An officer de facto is one who claims an office and is in possession of it, performing its duties under color of an election or appointment, although such an election or appointment be not valid. Wait’s Actions and Defences, Vol. V, p.,…
1Opinion of the Court
The opinion of the conrt was delivered by
Bermudez, C. J.
This is exclusively an injunction proceeding.
The fundamental averments upon which the plaintiff relies are simply:
1. That he is a duly commissioned, qualified and inducted member of the Board of Levee Commissioners for the Fifth Louisiana Levee District, and, as such, is in possession of the office, discharging the functions thereof and receiving the perquisites thereto attached; in other words, is a de facto officer.
2. That the defendant, who has been illegally commissioned by the Executive to succeed the petitioner as having been…
2Cited by16 opinions
- Jackson v. PowellSupreme Court of Louisiana · 1907
- State Ex Rel. Porterie v. SmithSupreme Court of Louisiana · 1935
- State ex rel. Bourg v. TurnerSupreme Court of Louisiana · 1922
- Gleason v. WisdomSupreme Court of Louisiana · 1908
- Guillory v. JonesSupreme Court of Louisiana · 1941
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