State ex rel. Schwan v. Allen

Citations

• 51 La. Ann. 1842
• 26 So. 434
• 1899 La. LEXIS 641

Syllabus

<p>Syllabus. •</p> <p>The judge a quo has, primarily, jurisdiction to determine whether an appeal granted by him is suspensive or devolutive and, pending an application to him to so determine, prohibition will not issue from this court upon the assumption that he will continue to exercise a jurisdiction which has been i divested by suspensive appeal. Nor will the writ issue to annul an order already made when the same has been set aside by the judge who made It, and an appeal from the latter judgment is pending in this court — whilst the question whether such appeal is suspensive or devolutive is pending on rule in the court a qua.</p>