State ex rel. City of New Orleans v. Judge of Division \B\, Civil District Court

Citations

• 52 La. Ann. 1275

Syllabus

<p>Syllabus.</p> <p>1. The Constitution confers upon the Supreme Court the control and general supervision of ail inferior courts, and, for the purpose of such jurisdiction, authorizes it to mate use of the writs of certiorari> mandamus, prohibition and quo warranto, and other remedial writs, and the functions of the writs mentioned are thereby broadened by the authority of the fundamental law in order that they may subserve the uses to which they are thus assigned.</p> <p>2. Where a defendant in injunction applies for the dissolution of the writ, on furnishing bond, and his application is denied, and it appears to this court, upon an application for a mandamus, to compel the court a Qua to grant the same, that no injury will result to the plaintiff in injunction by the dissolution thereof, and that irreparable injury may result to the defendant from its maintenance, and it further appears that the remedy by appeal will be of no avail, and that the relator will, otherwise, be without remedy, the mandamus will be issued.</p> <p>3. Where the government of the city of New Orleans is arrested in the discharge of its functions, by an injunction issued at the instance or a tax-payer, who alleges no threatened injury personal to himself, and it appears that the particular act injoined, before becoming binding, must be the subject of subsequent legislative and ex^cjjti-ve action on the part of the officers of the city, and that no injury will result from the dissolution of the injunction, as on bond, the injunction ought to be dissolved, as on bond, upon the application of the city.</p>