State ex rel. Simmons v. Boullt
Also decided on this docket: La. Ct. App. 1st Cir., June 6, 1972 263 So. 2d 375; La. Ct. App. 1st Cir., May 31, 1960 121 So. 2d 256; La. Ct. App. 3d Cir., June 24, 1975 315 So. 2d 148
State ex rel. Simmons v. Boullt, 26 La. Ann. 259 (1874).
Opinion text
Morgan, J. The defendant appeals from a judgment commanding him by mandamus to pay into the parish treasury $5000 which he has collected. Defendant contends that he can not be proceeded against by mandamus. We think with him. It is therefore ordered, adjudged and decreed that the judgment of the district court be avoided, annulled aud reversed, and that the proceeding by mandamus be dismissed without prejudice to the plaintiffs’ rights to proceed against him in the manner pointed out by law, plaintiffs to pay costs in both courts. Rehearing refused.