State ex rel. Le Blanc v. Twenty-First Judicial Dist. Democratic Committee
State ex rel. Le Blanc v. Twenty-First Judicial Dist. Democratic Committee, 48 So. 1005 (La. 1909).
Cited by
- First Guar. Bk. v. Baton Rouge Petroleum Center, Inc. 529 So. 2d 834 La. 1988
- Hibernia National Bank in New Orleans v. Con-Agg Equipment Leasing Corp. 478 So. 2d 976 La. Ct. App. 1st Cir. 1985
- State ex rel. Sylvester v. Pitre 209 So. 2d 764 La. Ct. App. 1st Cir. 1968
- Bourgeois v. Sazdoff 209 So. 2d 320 La. Ct. App. 4th Cir. 1968
- Tapp v. Guaranty Finance Company 158 So. 2d 228 La. Ct. App. 1st Cir. 1964
- MacK Trucks, Inc. v. Dixon 142 So. 2d 605 La. Ct. App. 4th Cir. 1962
- Li Rocchi v. Keen 127 So. 2d 44 La. Ct. App. 1st Cir. 1961
- Spinato v. Lowe 119 So. 2d 480 La. 1960
- Myrtle Grove Packing Company v. Mones 76 So. 2d 305 La. 1954
- Pellegrin v. City of Gretna 62 So. 2d 824 La. 1953
- General Contract Purchase Corp. v. Doyle 56 So. 2d 432 La. Ct. App. 4th Cir. 1952
- Nolen v. Davidson's Succession 190 So. 826 La. Ct. App. 1st Cir. 1939
Authorities cited
Identified automatically; this list may not be exhaustive.
- In re Lambert 115 La. 470
- In re Jones 117 La. 106
Opinion text
PROVOSTY, J. At the primary election held by the Democratic party on September 1, 1008, for the nomination of candidates for the election of November 3, 1908, the relator was a candidate for the position of district judge of the Twenty-First judicial district. The district Democratic committee canvassed the returns and declared his opponent elected. Thereupon relator brought this suit, asking for a mandamus commanding the said committee to reconvene and recanvass the said returns, and commanding the chairman of said committee to submit to it the full and complete returns of said election. This mandamus was made peremptory in the district court after trial, and the defendant took a suspensive appeal. The appeal was duly lodged in this court, but before it could be heard the election of November 3, 1908, took place, and the opponent of relator, who had been placed upon the ticket of the Democratic party, was elected to the said office of judge, and in due course was commissioned, and he has qualified. Under these circumstances there is no longer any controversy. There is nothing for this court to act on. The appeal is therefore functus officio, and must be dismissed; and the costs of appeal must be borne by appellant. In re Lambert, 115 La. 470 , 39 South. 447 ; In re Jones, 117 La. 106 , 41 South. 431 . Appeal dismissed.