McClelland v. Gasquet

Citations

• 122 La. 241
• 47 So. 540
• 1908 La. LEXIS 440

Syllabus

<p>1. Courts (§ 207*) — Courts 0jp appellate Jurisdiction — Supervisory Jurisdiction — Premature Application.</p> <p>The question of the prematurity of the application of a relator for a remedial writ is considered at the time that the rule nisi issues, directing the respondent to show cause why the writ should not be issued.</p> <p>The writ will not be lightly dismissed on the plea of prematurity.</p> <p>[Ed. Note. — For other cases, see Courts, Cent. Dig. § 613; Dec. Dig. § 207.*]</p> <p>2. Courts (§ 207*) — Courts op Appellate Jurisdiction — Super visory Jurisdiction .</p> <p>There is no hard and fast rule binding the court always in an appellate case to refer a question brought up on an application for a remedial writ to the merits.</p> <p>[Ed. Note. — For other cases, see Courts, Cent. Dig. § 613; Dec. Dig. § 207.*]</p> <p>3. Courts (§ 207*) — Courts op Appellate Jurisdiction — Supervisory Jurisdiction — Remedy by Appeal.</p> <p>Generally, the questions that can be as well decided on appeal are referred to the appeal for decision, if no prejudicial delay is to result and there is no immediate necessity for the review of the cause presented on the application.</p> <p>[Ed. Note. — For other cases, see Courts, Cent. Dig. § 613; Dec. Dig. § 207.*]</p> <p>4. Courts (§ 204*) — Courts op Appellate Jurisdiction — Supervisory Jurisdiction-Remedy by Appeal.</p> <p>Under its supervisory jurisdiction, the court will review the point presented if the exigencies of the case require.</p> <p>[Ed. Note. — For other cases, see Courts, Dec. Dig. § 204.*]</p> <p>5. Actions por Separation.</p> <p>A motion to dissolve the injunction in the case was denied by the judge of one division presiding for the absent judge of another division-; at the same time, a conditional modification was made part of the order refusing to dissolve.</p> <p>6. Actions por Separation.</p> <p>The conditional modification was of no avail; it fell because of the refusal of one of the intended beneficiaries to