State ex rel. Cain v. Davis

Citations

• 119 La. 247
• 44 So. 4
• 1907 La. LEXIS 466

Syllabus

<p>1. Appeal — Dismissal—Defect Relating to Recobd.</p> <p>The police jury of Vernon parish ordered an election in the Third Ward of that pai'ish for the purpose of ascertaining the will of the people of that ward in respect to granting or withholding licenses for the sale of liquor therein. The election was held, and the result: declared by the police jury as being adverse-to the granting of licenses. The plaintiffs in. this suit attacked their action as being illegal,, null, and void, for reasons assigned, and urged that the effect of such nullity was to leave in force the prior existing ordinance of the police-jury in favor of the issuing of the licenses. They averred that they had applied to the-police jury and the tax collectors for licenses and been refused. They prayed the court for-service on the police jury and the tax collectors; that they be ordered to show cause why a writ of mandamus should not issue commanding each-of them to issue them licenses; and that the so-called election held in Ward 3 be adjudged! illegal, null, and void.</p> <p>The defendants filed several exceptions, and finally answered setting up a number of reasons, why the relief prayed for should not be granted.</p> <p>The district judge rendered judgment adjudging and decreeing that the sheriff of Vernon parish do issue retail liquor licenses, both parish and state, for the sale of liquor in Ward 3~ of the parish of Vernon. The police jury and. the sheriff have appealed.</p> <p>Two motions to dismiss the appeal were filed.. The first motion was that J. J. Cryer, president of the police jury, was not a party defendant in the cause, and through the appeal sought to betaken by him for the police jury he could not, in his official capacity, prosecute the appeal and’ stand in judgment for said body. In the second motion appellees urged that the police jury had. taken no appeal from the judgment, and had filed no appeal bond; that the president of the-police jury had simply filed a bond in hi