Town of Ponchatoula v. Police Jury of Parish of Tangipahoa

Citations

• 120 La. 1040
• 46 So. 16
• 1908 La. LEXIS 604

Syllabus

<p>1. Appeal — Review—No Cause op Action.</p> <p>The issues are before us on an exception of no cause of action and prematurity. The latter was sustained by the lower court.</p> <p>2. Injunction — Action poe Injunction — Time to Sue — Local Option Election — Election Void.</p> <p>The election was held under the statute authorizing local option elections. Plaintiff urged that in effect no election had been held and that all the election proceedings were the merest nullity;</p> <p>One of the objects of the injunction was to-prevent the police jury from promulgating the returns.</p> <p>The promulgation was necessary before suit. It follows- that the suit was premature.</p> <p>The police jury ordered the election to be held. There was no good ground to prevent it from compiling the votes and from ascertaining the result. When that will have been done, it will be time to attack the election for whatever there may -be of illegality about the proceedings.</p> <p>3. Same — About Jubisdiction.</p> <p>The question of jurisdiction of the court in matter of local option elections will not be considered in this case, as it is disposed of by the decision on the plea of prematurity.</p> <p>(Syllabus by the Court.)</p>