Mathews v. Town of Farmerville

Citations

• 121 La. 313
• 46 So. 339
• 1908 La. LEXIS 674

Syllabus

<p>Injunction — Remedy at Law — Restraining Enforcement of Ordinance — Appeai,—Jurisdiction.</p> <p>A person, notified by the marshal of a town that, unless he complied with the provisions of a town ordinance requiring him to perform road duty in the streets of the town or exercise the option reserved to him of paying a fixed sum of money in lieu of the service, he would “take him before the mayor’s court and have him there tried for violation of the ordinance,” is not entitled to an injunction from the district court enjoining the bringing of such action in the mayor’s court. He had ample opportunity in defense in the latter court to raise therein all objections against the authority of the town of Farmerville to enact the ordinance, and to raise all issues he thought proper as to the legality and constitutionality of the ordinances, with the right to an immediate appeal to the Supreme Court from a judgment adverse to him. The mayor’s court was the proper court in which to raise primarily and have determined such issues. The party so notified could not by injunction transfer primarily to the district court the issues as to the powers of the town or the constitutionality of the ordinances. There was no occasion for precipitancy in the premises, or for having recourse to equitable relief. When the district court refused to take cognizance of such issues, when presented to it in the manner and under the circumstances they were, for want of jurisdiction, this refusal gave no right to the party seeking an injunction to appeal therefrom. The case as presented to this court does not fall within its appellate jurisdiction.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 27, Injunction, § 175.]</p> <p>(Syllabus by the Court.)</p>