State ex rel. McCabe v. Police Board

Citations

• 107 La. 162

Syllabus

<p>Syllabus.</p> <p>1. The court will refuse a mmdamus where there has been an unreasonable delay in applying for it.</p> <p>2. In the absence of special circumstances excusing the tardiness, twelve months, less a few days, will he held to he such unreasonable delay, in the case of a police captain who has been dismissed from the force after trial and conviction for one of the offenses specified by law as cause for di3missal, and who is applying to the courts for reinstatement, because of alleged nullities in the trial and conviction.</p> <p>3. Especially will this rule be enforced in a case where the applicant for mandamus has neglected to avail himself of his ordinary legal remedy of application for a new trial; and where the granting of the writ would bring disturbance to the finances of one of the branches of the public service.</p>