State ex rel. Prince v. Jury

Citations

• 108 La. 311

Syllabus

<p>Syllabus.</p> <p>1. The application for writ must be timely filed.</p> <p>2. The one to whom the bid was awarded went in possession of the franchise and privilege with the assent of the relators. He had been in possession and at work for the past two months prior to relator’s application and nearly a year prior to the present date.</p> <p>3. Examination has not resulted in finding any authority to sustain a man-damns filed at as late a date in matter of an awarded contract after the award has been made and the contractor engaged in its execution.</p> <p>i. The remedy to enforce is by direct action. A judgment in mandamus proceedings would not result in ending the litigation.</p> <p>5. The right of relator to bring an ordinary suit is specially reserved.</p>