State ex rel. Rivoire v. St. Paul

Citations

• 104 La. 203

Syllabus

<p>Syllabus.</p> <p>1. The effect of the service of a writ of certiorari is to render void every act which has been subsequently performed by the Judge to whom it was directed, if, when the Supreme Court, or one of its judges, causes a writ of certiorari to be issued to an inferior court, judgment has been already ' rendered and execution sued oirt in the court below, the Supreme Court, or the justice directing the_ issuing of the writ, may arrest the execution by enjoining the party suing it, and the party charged with it,- to proceed no further until the validity of the proceedings has been pronounced upon. Such an order in no sense, is a judgment requiring for its validity the concurrence of three judges under Article 89 of the Constitution. The order operates a suspension not a reversal of the proceedings below. When the execution consists in the actual imprisonment of the relator who has obtained the writ, it, in proper cases, can only be made effectual by the temporary release of the relator. (State ex rel. Behan vs. Judge, 35th Ann., 1075; Constitution of 1898, Ameles 93 and 94, C. P. 130, 863, 866, 877.)</p> <p>2. A court is not authorized to sentence a party found guilty by it of contempt of court, to pay a fine of two hundred and fifty dollars, and in default ot payment of the fine to an imprisonment of ten days. Such a judgment is illegal and must, on certiorari, be set aside, leaving to the court below the duty of rendering a new judgment. C. P. 864.</p>