Saint v. Martel

Citations

• 123 La. 815
• 49 So. 582
• 1909 La. LEXIS 788

Syllabus

<p>Mandamus (§ 57*) — Refusal of Appeal — Discbetion of Coukt.</p> <p>Whether an exception presented to a court should be referred to the merits, or disposed of separately and before trial, is a matter left to a great extent to the discretion and judgment of the trial judge. An exception filed by relator was in this case referred to the merits by the district judge. His application to be granted an appeal from this action having been refused, relator has applied to the Supreme Court to compel 'under its supervisory powers the granting to him of an appeal. Held, the action of the judge under the circumstances of this case was correct.</p> <p>[Ed. Note. — For other cases, see Mandamus, Dec. Dig. § 57.*]</p> <p>(Syllabus by the Court.)</p>