Legal Opinion

State ex rel. Egan v. Steele

Supreme Court of Louisiana

Decided May 15, 1881No. 8290PublishedCited by 7 opinions

APPEAL from the Ninth. Judicial District Oourt, parish of Concordia. Hough, J. .Eirst — The Art. of the C. P. in reference to suing one at Ms domicil can have no application to a proceeding against a District Attorney to remove Mm from office because he is a non-resident. • Second — The question of domicil is the sole question in the ease upon its merits, and, therefore, can only he tried upon answer, giving the State as well as the defendant an opportunity to produce…

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APPEAL from the Ninth. Judicial District Oourt, parish of Concordia. Hough, J. .Eirst — The Art. of the C. P. in reference to suing one at Ms domicil can have no application to a proceeding against a District Attorney to remove Mm from office because he is a non-resident. • Second — The question of domicil is the sole question in the ease upon its merits, and, therefore, can only he tried upon answer, giving the State as well as the defendant an opportunity to produce evidence. Eirst — The petition avers that the defendant was domiciled in Tensas witMn the year — the suit being brought in…

1Opinion of the Court

The opinion of the Court was delivered by

Bermudez, C. J.

This is a proceeding before the District Oourt for •Concordia parish, to have the office of District Attorney of the Ninth Judicial District, composed of the parishes of Goncordia and Tensas, declared vacant.

The ground relied on is, that the defendant who, at the time of his election, resided in Tensas parish, has changed his residence from the • State to Natchez, Miss., and that the office has thereby been vacated.

The defendant excepted to the jurisdiction of the Oourt, on the ground that his domicil being in Tensas parish, the suit…

2Cases cited1 opinion

  1. Case of Walker's EstateSupreme Court of Pennsylvania · 1832

3Cited by7 opinions

  1. Succession of SimmonsSupreme Court of Louisiana · 1903
  2. Oglesby v. TurnerSupreme Court of Louisiana · 1911
  3. Estopinal v. MichelSupreme Court of Louisiana · 1908
  4. Barrow v. BarrowSupreme Court of Louisiana · 1925
  5. Succession of Purdy v. KlockSupreme Court of Louisiana · 1934

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