State ex rel. Davis v. Police Jury of Webster Parish

Citations

• 120 La. 163
• 45 So. 47
• 1907 La. LEXIS 624

Syllabus

<p>1. Process — Authority to Issue — Clerks of Court — Deputy Clerk De Facto.</p> <p>A writ signed by one of the fair sex as deputy clerk of court, if voidable, is not absolutely void. If subject to direct, it is not to collateral, attack.</p> <p>A party to the suit cannot be prejudiced by her signature. She is a de facto officer.</p> <p>2. Process — Defects—Objection Not Urged in Time.</p> <p>There was no attempt made to have the exception decided before the case was decided on the merits. The question should have been pressed by defendant in order to have it decided in limine.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 40, Process, § 211.]</p> <p>3. Mandamus — Notice.</p> <p>Defendant, in any event, was notified.</p> <p>4. Tender — When. Required — No Purpose to be Served.</p> <p>Tender not required to be made if manifest that it would have been made to no purpose.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 45, Tender, § 47.]</p> <p>5. Intoxicating Liquors — License — Cause of Action.</p> <p>There was cause alleged.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 29, Intoxicating Liquors, § 75.]</p> <p>6. Same — On the Merits.</p> <p>The power to impose a liquor license does not include the power to prohibit.</p> <p>The testimony abundantly proves that $2,500 is a license, while $5,000 is a prohibition.</p> <p>Under local option, the voters carried the ward in favor of licensing. The police jury had no authority in law to defeat the result of the election by levying a license in amount the last mentioned.</p> <p>(Syllabus by the Court.)</p>