State ex rel. Perez v. Whitaker

Citations

• 116 La. 947
• 41 So. 218
• 1906 La. LEXIS 602

Syllabus

<p>1L. Mandamus—When Granted.</p> <p>Mandamus will not issue until other remedies are exhausted.</p> <p>[Ed. Note.—For cases in point, see vol. 33, Cent. Dig. Mandamus, §§ 8, 10.]</p> <p>2. Municipal Corporations — Police —Removal of an Officer.</p> <p>The inspector of police has authority to remove an officer of police subject to an appeal de novo to the board of commissioners.</p> <p>3. Same—Offense Committed During Prior Term.</p> <p>If an offender is still in office, he may be removed, although the act charged was committed during his previous term of the same office.</p> <p>4. Same—Warrant of Appointment.</p> <p>Under the terms of the last statute, under which the police force was reorganized, the appointee, under Statute No. 63; p. 64, of 1888, was retained in the same position he held under the old law. The new law substantially provided for his continuing in the office he held under the old law.</p> <p>5. Same—Charges and Specifications.</p> <p>The relator and appellant was sufficiently informed of the nature of the charges and of their date, although they were not drawn with the precision required in an indictment. He does not appear to have been surprised, and not to have been sufficiently informed to defend himself.</p> <p>(Syllabus by the Court.)</p>