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State ex rel. Sternberg v. Lagarde

State of Louisiana, ex rel. Francis Sternberg v. Cleophas Lagarde

State ex rel. Sternberg v. Lagarde, 21 La. Ann. 18 (1869)
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Court
Supreme Court of Louisiana · State Highest Courts
Decided
January 15, 1869
Docket
No. 1921
Judges
Ludeling
Citations
21 La. Ann. 18
Headnotes
To entitle a party to an appeal it must appear that the amount in controversy exceeds five hundred dollars. Constitution of 1868, art. 74. Meyers v. Mitchel. 20 An. 5:13. The right to an office cannot be inquired into under a proceeding by mandamus. * Only tho right to the possession of the books, papers, room, keys, etc., can be made the subject of inquiry under this writ. 4 N. S. 623, 12 An. 719, Acts of 1808, p. 71,199 and 220.
Summary
from tlie parish, of Lafourche, Train, J.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Ludeling

Text extracted by OCR from a scanned original; check the original for exact wording.

Ludeling, C. J.

The petitioner, alleging himself to he tlie de jure and defacto sheriff of tho parish of Lafourche, applied to tlie judge of the Third Judicial District for a 'mandamus to compel his predecessor in office to deliver to him the “room, keys, papers, records, hooks, documents and other things appertaining to tlie office of sheriff.”

A peremptory mandate was issued, ordering the party to do what was demanded of him.

Prom this order the defendant has appealed. Even if tlie defendant had such an interest in the matter in contestation, to wit: the possession of the “room, keys, papers,” etc., belonging to tlie office, as to authorize him to take an appeal from the order, it does not appear from the records that their value exceeds five hundred dollars. This court; is without jurisdiction, rati one materia. Constitution of 1368, art. 74. Myers v. Mitchel, 20 An. 533.

It is true, it is alleged, that “tlie office of sheriff” is worth over five hundred dollars. But tlie “matter in dispute” is not “the office of sheriff,” hut “ the room, keys, papers,” etc., belonging thereto. The. right to an office cannot he tested, under existing laws, on an application for a writ of mandamus. 4 N. S. Lafitte v. Duncan, 623; 12 An. 719; acts of 1868, pp, 220, 71 and 199.

It is therefore ordered, adjudged and decreed that tlie appeal he dismissed at the costs of the appellant.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1907: 11934: 11951: 11957: 119072026peak 1907 · 1

Relies on it most ⓘ

  1. State ex rel. Saint v. Toups95 So. 2d 55 (La. Ct. App. 1957)
  2. State ex rel. Rogers v. Parsons45 So. 125 (La. 1907)
  3. State ex rel. Roussel v. Grace54 So. 2d 428 (La. 1951)
  4. State ex rel. Bolin v. Webster Parish School Board157 So. 142 (La. Ct. App. 1934)

Most recent

  1. State ex rel. Saint v. Toups95 So. 2d 55 (La. Ct. App. 1957)
  2. State ex rel. Roussel v. Grace54 So. 2d 428 (La. 1951)
  3. State ex rel. Bolin v. Webster Parish School Board157 So. 142 (La. Ct. App. 1934)
  4. State ex rel. Rogers v. Parsons45 So. 125 (La. 1907)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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