Sanders v. Emmer

Citations

• 115 La. 590
• 39 So. 631
• 1905 La. LEXIS 704

Syllabus

<p>1. Officers — Injunction—Restraining- Interference with Office.</p> <p>The allegations of the petition upon which the district judge granted the injunction, which is complained of by relator as having been granted outside of the judge’s jurisdiction, brought the case within his jurisdiction under the principles announced in Guillotte v. Poincy, 6 South.' 507,41 La. Ann. 333, 5 L. R. A. 403, and Wheeler v. Fire Ins. Co., 15 South. 179, 46 La. Ann. 735. The fact that relator had been elected1 by a city council, instead of being appointed by the Governor, had no significance in determining that Question.</p> <p>2. Election oe Remedies — Injunction —</p> <p>Prohibition.</p> <p>Tlie right to the injunction was heard and decided on evidence adduced and sustained. No grounds were set up calling for a certiorari, and that writ was not asked for. Relator was not entitled to the writ of prohibition.</p> <p>■(Syllabus by the Court.)</p>