State ex rel. Hiern v. St. Paul

Citations

• 104 La. 280

Syllabus

<p>Syllabus.</p> <p>1. On an application for an injunction to be issued without bond, the judge of the first instance had refused the application, and the sale the proposed injunction sought to injoin, had been made, the deed recorded, and the return is that the purchaser is in possession.</p> <p>ílandamus issues to compel an officer to do an act, and will not issue after an act has been done and has become an accomplished fact. The power to set aside a sale and reinstate proceedings in order that an injunction may be issued is not one that can be exercised under that writ. To decide in the present situation of the case, that relator was entitled to an injunction without furnishing a bond would be to decide an abstract proposition, as the court would have no authority to grant any relief.</p> <p>2. With reference to prohibition, it lies when the court to which it is ad- , dressed has no jurisdiction. The court a qua had jurisdiction to issue the writ of seizure and sale and to grant the writ of injunction or refuse it. The irregularity complained of is not jurisdictional.</p> <p>3. As relates to certiorari, it was issued as ancillary to the writ of mandamus, and, moreover, this writ will not issue, after the proceedings are brought.to an end by a sale, to correct irregularities preceding the sale.</p> <p>Moreover, these writs will not issue when the law affords the party other specific and adequate remedy.</p>