State ex rel. Rogers v. Parsons

Citations

• 119 La. 955
• 44 So. 795
• 1907 La. LEXIS 570

Syllabus

<p>1. Mandamus — To District Attorney — When Lies.</p> <p>In a proper case this court will review a judgment by writ under its supervisory power, even though the case be appealable; and such a proper case is manifestly presented where the district attorney has refused to bring an intrusion into office suit, and the judge has refused to mandamus him to do so, and the term of office of the officer sought to be proceeded against will run out before relief could be had by means of an appeal.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 33, Mandamus, § 9.]</p> <p>2. Same — Limitations—Expiration of Time to Perform Act — Effect of Appeal.</p> <p>By the perfecting of an appeal the case is transmitted to the appellate court, and the trial court is deprived of all jurisdiction over it; hence it is then too late to invoke the supervisory power of the Supreme Court for compelling the trial court to change its judgment.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 33, Mandamus, § 283.]</p> <p>’ (Syllabus by the Court.)</p>