State ex rel. Drew v. Myatt

Citations

• 122 La. 974
• 48 So. 425
• 1909 La. LEXIS 628

Syllabus

<p>1. Mandamus (§ 4*) — Remedy by Appeax,.</p> <p>Mandamus is not the remedy, as the complaining defendant (relator here) has a right of appeal.</p> <p>[Ed. Note. — For other cases, see Mandamus, Cent. Dig. §§ 9-34; Dec. Dig. § 4.*]</p> <p>2. Mandamus (§ 4*) — Othek Adequate Remedy.</p> <p>The judgment and the judicial mortgage collaterally attacked were not absolutely null and void; therefore could not be affected in proceedings by mandamus. Appeal or action of nullity are the remedies.</p> <p>The asserted illegality preceded the signing of the judgment.</p> <p>[Ed. Note. — For other eases, see Mandamus, Cent. Dig. §§ 9-34; Dec. Dig. § 4.*]</p> <p>(Syllabus by the Court.)</p>