State ex rel. Klotter v. Police Board of New Orleans

Citations

• 51 La. Ann. 747
• 25 So. 637
• 1899 La. LEXIS 464

Syllabus

<p>Syllabus.</p> <p>1. Under Use powers granted to it by law, the Police Board of the City of New Orleans is vested with authority to grant new trials to parties convicted by it of infractions of its rules and regulations — the power being-exercised at its discretion if rules on that subject have not been adopted, and if rules have been adopted then to be exercised under the terms thereof.</p> <p>2. The order of the Board granting a new trial is generally final, and can not be set aside unless inadvertently given; certainly not in the absence of' legal cause, made ordinarily to appear contradictorily with the party interested.</p> <p>3. An order granting a new trial, as a general rule, vacates a former judgment without any special order to set it aside, and leaves the case as though no trial had been had.</p> <p>4. Where the Board, outside of its proper powers, revokes an order for a new trial which it had legally granted, mandamus will lie to it, commanding it to proceed to a new trial of the case. State ex rel. Klotter vs. Police Board, 747.</p>