No. 86 Precedential Processed

Bush v. Head

Louisiana Supreme Court · Filed July 15, 1870 · 22 La. Ann. 459

Also decided on this docket: La. Ct. App. 1st Cir., April 3, 1961 128 So. 2d 472; La. Ct. App. 1st Cir., November 17, 1960 124 So. 2d 645; La., October 15, 1882 34 La. 1107; La., August 15, 1867 70 La. Ann. 434

Opinion text

Ludeling, C. J. This is an appeal from a judgment of the district court perpetuating a writ of prohibition, issued to prevent the judge of the parish court from proceeding with the trial of a cause involving-four hundred and eighty dollars, and the accrued interest, amounting-to about three hundred and forty dollars. The district judge was without jurisdiction to issue the writ in suoh a case. It was not necessary to aid him in the exercise of his appellate jurisdiction, and lie had not original jurisdiction in the case. The judgment of the district judge is a nullity. It is therefore ordered that the judgment appealed from be avoided, and that the plaintiff and appellee pay costs of both courts.