State ex rel. Buckner v. Jastremski
Supreme Court of Louisiana
A PPEAL from the Seventeenth Judicial District Court, parish of East Baton Rouge. Sherburne, J. First — In the action under the intrusion and usurpation law the State is, at times, the sole plaintiff, and always the plaintiff. The injured person, although his name must be joined to the proceeding, may not be a party j but, when made a party, he is so incidentally and secondarily.
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A PPEAL from the Seventeenth Judicial District Court, parish of East Baton Rouge. Sherburne, J. First — In the action under the intrusion and usurpation law the State is, at times, the sole plaintiff, and always the plaintiff. The injured person, although his name must be joined to the proceeding, may not be a party j but, when made a party, he is so incidentally and secondarily. Second — The pecuniary compensation allowed to the officer is not the matter in dispute, no more than the value of the office to him appreciable in money. ,It is the interest of the State as the prominent plaintiff…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
This' is a suit under the intrusion-into-ofQee act, the sole question involved being whether the relators or the defendants are lawfully entitled to hold and exercise the offices of supervisors of the Louisiana State University and Agricultural and Mechanical College.
No salary or pecuniary perquisite of any kind is attached to the offices in controversy. The same question of jurisdiction ratione materice which presented itself in the case of State ex rel. Newman et al. vs. Ben. Hayles, recently decided, meets us here.
In that case, involving…
2Cases cited1 opinion
- Whitehouse v. CummingsSupreme Judicial Court of Maine · 1890
3Cited by4 opinions
- State ex rel. Rogers v. ParsonsSupreme Court of Louisiana · 1907
- State ex rel. Langlois v. LancasterSupreme Court of Louisiana · 1951
- State ex rel. Broussard v. DallasSupreme Court of Louisiana · 1906
- State ex rel. North v. ErmonSupreme Court of Louisiana · 1913