Legal Opinion

State ex rel. Walker v. Judge of Section "A," Criminal District Court

Supreme Court of Louisiana

Decided February 15, 1887No. 9864PublishedCited by 23 opinions

PPLICATION for Certiorari and Prohibition. L 1. The writ of prohibition issues when one court takes jurisdiction of a cause that belongs to another; the writ of certiorari issues in unappealable oases to test the validity of judicial proceedings. C. P. Art. 84G and 855. 2. Civil courts may issue injunctions against the enforcement of penal laws.

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PPLICATION for Certiorari and Prohibition. L 1. The writ of prohibition issues when one court takes jurisdiction of a cause that belongs to another; the writ of certiorari issues in unappealable oases to test the validity of judicial proceedings. C. P. Art. 84G and 855. 2. Civil courts may issue injunctions against the enforcement of penal laws. High on Injunction ; 24 Ann 86; 3 Woods, 222. 3. By means of the writ of certiorari, the Supreme Court, in an-unappealable case, may pass upon the existence or non-existence, constitutionality or unconstitutionally, of an act of the legislature 30…

1Opinion of the Court

The opinion of the Court was delivered by

Fenner, J.

Eelators invoke the exercise of our supervisory jurisdiction through the writs'of prohibition and certiorari, for the purpose ■of restraining the respondent judge and the district attorney of the parish of Orleans from proceeding further in certain criminal prosecutions instituted and pending in the Criminal District Court of said parish, for alleged violations of Act No. 18 of 1886, commonly known as the “ Sunday law,” and of annulling the proceedings already had in said causes.

The grounds assigned for the relief sought are two-fold, viz :

1st…

2Cases cited16 opinions

  1. Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
  2. Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
  3. Ex parte NewmanCalifornia Supreme Court · 1858
  4. Ex parte AndrewsCalifornia Supreme Court · 1861
  5. Commonwealth v. HasMassachusetts Supreme Judicial Court · 1877

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3Cited by23 opinions

  1. McGowan v. MarylandSupreme Court of the United States · 1961
  2. State ex rel. Weiss v. District Board of School District No. EightWisconsin Supreme Court · 1890
  3. Carr v. StateIndiana Supreme Court · 1911
  4. State v. DolanIdaho Supreme Court · 1907
  5. State v. HogreiverIndiana Supreme Court · 1899

18 more not listed; retrieve them via the Exa API.

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