No. 3565 Precedential Processed

Berhil v. Fisk

Louisiana Supreme Court · Filed March 15, 1872 · 24 La. Ann. 149

Also decided on this docket: La. Ct. App. 1st Cir., September 27, 1971 255 So. 2d 111; La. Ct. App. 1st Cir., February 2, 1970 231 So. 2d 423; La. Ct. App. 1st Cir., July 1, 1929 123 So. 493

Cited by

Thomas v. Fuller 118 So. 42 La. 1928
Girod v. Monroe Brick Co. 53 So. 582 La. 1910
State ex rel. Heitkamp v. Lancaster 42 So. 583 La. 1906
Hymel v. Illinois Cent. R. 40 So. 525 La. 1906

Opinion text

Ludeling, C. J. The only question, necessary to bo decided in this case is, whether or not tho district attorney can be compelled by mandamus to bring an action under the intrusion act. . This is not now an open question. We held in Hayes v. Thompson, 21 An. 656. that the district attorney could he compelled by mandamus to bring the suit, and the same doctrine has been several times: reaffirmed siuce. State ex rel. Rills v. B. L. Lynch, 23 Au. 786. It is therefore ordered and adjudged that the judgment of tho lower court be affirmed with costs of appeal.