State ex rel. Morgan's L. & T. R. & S. S. Co. v. St. Paul

Citations

• 109 La. 8
• 33 So. 49
• 1902 La. LEXIS 101

Syllabus

<p>CIVIL DISTRICT COURT — TERMS—POWERS IN VACATION — EXPROPRIATION CASES.</p> <p>1. The terms and vacations of the civil district court for the parish of Orleans, and the character of the litigation which may be conducted, otherwise than by consent, in vacation, are regulated by Act No. 4 of 1896, and by the rules of the court not in conflict therewith.</p> <p>2. As the act mentioned declares affirmatively what proceedings may be taken and conducted, and does not mention expropriation cases, such cases cannot be forced to trial under the authority of a clause in a rule of court authorizing the hearing during vacation of “such other proceedings as may, under existing laws, be tried during vacation,” and prohibition will lie at the instance of the complaining litigant.</p> <p>(Syllabus by the Court.)</p>