State ex rel. Smith v. Theus

Citations

• 114 La. 1097
• 38 So. 870
• 1905 La. LEXIS 598

Syllabus

<p>MANDAMUS TO DISTRICT ATTORNEY — PUBLIC OEJiTCE — UNLAWFUL HOLDING.</p> <p>The action which appellants seek to have brought by the district attorney is not one under articles 212 and 222 of the Constitution of 1898, but, under section 2593 of the Revised Statutes to have a certain named person decreed to be illegally intruding into or unlawfully holding and exercising the office of parish superintendent of public education in the parish of Bienville. The parish superintendent of public education is a public officer. It was the duty of the district attorney to have instituted the action when requested. Failing so to do, mandamus was properly resorted to to enforce the duty. Farrar v. Steele, 31 La. Ann. 643.</p> <p>(Syllabus by the Court.)</p>