State v. Yazoo & M. V. R.

Citations

• 116 La. 189
• 40 So. 630
• 1906 La. LEXIS 483

Syllabus

<p>1. Appeal — Grounds op Appellate Jurisdiction—Constitutional Law.</p> <p>Where the appellate jurisdiction of this court is invoked on the ground that the judgment appealed from has declared a law of the state to be unconstitutional, it must appear in the transcript that the question was raised in the pleadings in the trial court, and that, in point of fact, a law of the state has been declared unconstitutional by the judgment appealed from, or at least that a holding to that effect was necessary to such judgment.</p> <p>2. Same—Presumptions.</p> <p>Where the judgment appealed from may have been predicated, either upon the ground that the case presented was not within the law relied on, or upon the ground that such law is unconstitutional, it will not be assumed, for the purposes of the jurisdiction on appeal, that the latter was the ground adopted.</p> <p>3. Courts—Transfer oe Causes—Remand-Procedure.</p> <p>Where the Court of Appeal erroneously declines jurisdiction of a cause brought before it on appeal, and orders the same to be transferred to this court, the remedy is by application to this court for a writ of certiorari, or review, under article 101 of the Constitution, since for this court to send such cause back would be for it to direct the Court of Appeal to exercise jurisdiction where it has already decided that it has none, and to originate a method of reviewing the judgments of that court for which there is no authority in the law.</p> <p>4. Same.</p> <p>When the Court of Appeal by a judgment which is allowed to become final declines jurisdiction of a cause, and orders that it he transferred to this court, and this court finds that it is without jurisdiction, the cause will be stricken from the docket.</p> <p>(Syllabus by the Court.)</p>