State ex rel. Saint v. Houssiere-Latreille Oil Co.

Citations

• 123 La. 853
• 49 So. 596
• 1909 La. LEXIS 793

Syllabus

<p>Mandamus (§ 4*) — 'When Lies to Courts— Remedy by Appeal.</p> <p>Relator applies to the Supreme Court to compel by mandamus, under its supervisory power, a trial judge to proceed to try at once a case pending before him. The court is very reluctant to exercise through mandamus its supervisory authority oyer inferior courts in respect to orders which can be corrected, if erroneous, in some other manner. The order complained of in this proceeding was not absolutely void. It was an order which it was within the power of the judge ad hoc to have himself modified or set aside on direct application made to him to do so. The order was interlocutory in character, subject to correction before final judgment by the court which gave it. Hennen’s Dig. p* 330, tit. “Courts in General.”</p> <p>[Ed. Note. — For other cases, see Mandamus, Cent. Dig. §§ 9, 11, 14; Dee. Dig. § 4.*]</p> <p>(Syllabus by the Court.)</p>