State ex rel. Behan v. Judges of the Civil District Court
Supreme Court of Louisiana
On Application for Writs of Certiorari, Mandamus and Prohibition. i. Courts have the authority to enjoin all illegal acts. . : The power to impeach could not be bestowed upon the City Council. Constitution, Articles 14, 15, 80, 92, 196, 200 and 201; 31 An. 440; Cooley Const. Lim. 107, 211; People vs. Draper, 15N.Y.; 32 Au. 943 and 947 ; Story on Constitution, 796,797,800,802; 11 An.443 ; 6Bush, Ky. R. 1; 3 Metcalf’s R. 237; 28 An. 444; 19 Johnson, N. Y. 58. II.
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On Application for Writs of Certiorari, Mandamus and Prohibition. i. Courts have the authority to enjoin all illegal acts. . : The power to impeach could not be bestowed upon the City Council. Constitution, Articles 14, 15, 80, 92, 196, 200 and 201; 31 An. 440; Cooley Const. Lim. 107, 211; People vs. Draper, 15N.Y.; 32 Au. 943 and 947 ; Story on Constitution, 796,797,800,802; 11 An.443 ; 6Bush, Ky. R. 1; 3 Metcalf’s R. 237; 28 An. 444; 19 Johnson, N. Y. 58. II. A suspensive appeal does not lie from an order granting an injunction. It is amatterofri"ht. C. P. 304 ; 29 An. 869, 796, 57 ; 30 An.…
1Opinion of the Court
The opinion of the Court was delivered by
Poché, J.
This litigation grows out of the following facts:
On the 11th of September, 1883, the Council of the City of New *1076Orleans preferred charges and specifications for gross neglect of, and refusal to perform, his duty, against B. T. Walshe, the City Treasurer.
The members of the Council then proceeded to organize themselves into a court' of impeachment for the trial of said corporate officer, conformably to the provisions of the City Charter. Secs. 58 et seq.
But their proceedings were interrupted by a writ of injunction issued by Division E of the…
2Cited by13 opinions
- New Orleans Baseball & Amusement Co. v. City of New OrleansSupreme Court of Louisiana · 1907
- Bardwell v. Parish Council of ParishSupreme Court of Louisiana · 1949
- Connell v. Commission CouncilSupreme Court of Louisiana · 1922
- Durrett Hardware & Furniture Co. v. City of MonroeSupreme Court of Louisiana · 1942
- In Re JonesSupreme Court of Louisiana · 1943
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