· 6/17/1907

State ex rel. Journee v. Board of Com'rs of Police Dept.

Citations

119 La. 515
44 So. 283
1907 La. LEXIS 517

Syllabus

1. Mandamus — When Granted. Mandamus will not lie where the relator has neglected to apply for a new trial before the board of police. State ex rel. Aucoin v. Board of Police, 37 South. 16, 113 La. 424; Perez v. Whitaker et al., 41 South. 218, 116 La. 947. [Ed. Note. — For cases in point, see Cent. Dig. vol. 33, Mandamus, § 9.] 2. Municipal Corporations — Police Commissioners — New Trials. The board of police has the power to grant new trials. Klotter v. Police Board, 25 South. 631, 51 La. Ann. 747; State ex rel. McCabe v. Police Board, 31 South. 662, 107 La. 162. 3. Mandamus — When Granted. Mandamus is not the remedy to annul a judgment on the ground of conspiracy and fraud. [Ed. Note. — For cases in point, see Cent. Dig. vol. 33, Mandamus, §§ 38, 102-107.] (Syllabus by the Court.)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that a promissory estoppel claim was not expressly preempted
considering McCulloch in analyzing whether state-law claims were expressly preempted by ERISA
“Although there is no bright-line rule for what constitutes a 6 reasonable length of detention, Petitioner’s [twelve-month] detention has lasted beyond the 7 ‘brief’ period assumed in Demore.”
“[A] motion to strike class claims at the pleading stage can succeed where the claims fail to state a plausible entitlement to relief on behalf of the putative class members.”

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Judges: Land

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