State ex rel. Town of Jennings v. Miller

Citations

• 109 La. 704
• 33 So. 739
• 1903 La. LEXIS 429

Syllabus

<p>CERTIORARI — WHEN GRANTED — APPEAL FROM MAYOR’S COURT — SUPREME COURT — SUPERVISORY JURISDICTION.</p> <p>1. Defendant was condemned before the may- or’s court to pay a fine. He appealed to the district court. On appeal before the district court, appellee, the town of Jennings, moved to dismiss on the ground that the appeal should have been taken directly to the Supreme Court. The court overruled the motion to dismiss.</p> <p>Appellee, the town of Jennings, seeks to have the preliminary order, overruling the motion to-dismiss, reversed, under the supervisory jurisdiction of the Supreme Court.</p> <p>Held: It will be time enough to invoke the supervisory jurisdiction of this court after the case will have been finally decided, the evidence admitted, and the issue covering the whole case presented.</p> <p>2. Appeals are tried de novo in the district court, i. e., as in a court of original jurisdiction.</p> <p>3. The case may be tried on its merits. It will then be time to decide whether it falls within the provision of article 85 of the Constitution.</p> <p>4. The writ of certiorari ordinarily goes to the inferior court after final action, where there is no appeal. There is a right of appeal. Article 111 of the Constitution.</p> <p>(Syllabus by the Court.)</p>