State ex rel. Bellamore v. Rombotis

Citations

• 120 La. 150
• 45 So. 43
• 1907 La. LEXIS 623

Syllabus

<p>On Motion to Dismiss.</p> <p>1. Appeal — Right—Interest.</p> <p>Where plaintiff judicially admits that defendant has sufficient interest to enable him to appear in court for the purposes of a judgment obtained against him, and defendant appeals in the quality in which he has been condemned, plaintiff cannot be heard to question his right of appeal on the ground that he is without interest.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig vol. 2, Appeal and Error, §§ 1015-1017.]</p> <p>2. Same — Jurisdiction — Amount in Controversy.</p> <p>Where the question at issue is the right to administer certain assets, the jurisdiction, on appeal, is determined by the value of such assets, irrespective of the particular interest of the litigants therein.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 2, Appeal and Error, §§ 172, 233-239.]</p> <p>On the Merits.</p> <p>3. Mandamus — Performance cot Act — Peb-emptoby Wbit.</p> <p>The general rule in matters of mandamus is, that, where, after a petition for a mandamus has been presented, the respondent does the act sought to he enforced thereby, the relator is not entitled to a peremptory writ. But that rule finds no application where the respondents, being the board of trustees of a corporation, are sought to be compelled to convene a general meeting of the members of the corporation to. elect a new board of trustees, and where, the defense being that such an election has been held, it develops that the election relied upon is one which was convened at the instance of the president and secretary of the board without prior authority from the board itself.</p> <p>4. Religious Societies — Meetings — Call— Authoeity — Attack.</p> <p>The president and the secretary were without authority to issue the call. The election relied on was not simply irregular, but absolutely null and void. Relators were not driven to a direct action to attack the proceedings.</p> <p>(Syllabus by the Court.)</p>