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Breaux v. Lejeune

John E. Breaux v. J. B. Lejeune

Breaux v. Lejeune, 25 La. Ann. 364 (1873)
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Court
Supreme Court of Louisiana · State Highest Courts
Decided
May 15, 1873
Docket
No. 4700
Judges
Wyly
Citations
25 La. Ann. 364
Headnotes
This is a controversy for the office of sheriff of the parish of Pointe Coupee. The suit is-brought in plaintiff’s own name. He mistook his remedy. The proceeding should have beenunderthe “Intrusion Act.” It was not authorized by act Ho. 41, of the acts of 1873.
Summary
from the Seventh Judicial District Court, parish of Pointe Coupee. Mewes, 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 — Wyly

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Wyly, J.

This is a controversy for the office of sheriff of the parish of Pointe Coupee, and from the judgment decreeing the plaintiff to be the legal sheriff, the defendant appeals.

*365 The suit is brought in plaintiff’s own name. We think he has mistaken his remedy. The proceeding should have been under the “Intrusion Act.” Hays v. Thompson, 21 An. 655; State v. Delassize, 21 An. 710; State v. Dranguet, 23 An. 784.

The suit was not authorized by act No. 41 of the acts of 1873, as ■claimed by the plaintiff.

It is, therefore, ordered that the judgment herein be annulled; and it is now ordered that the injunction be dissolved, and this suit be dismissed, at plaintiff’s costs in both courts.

How later courts describe this case

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1926: 119262026peak 1926 · 1

Relies on it most ⓘ

  1. Mente & Co. v. Levy107 So. 318 (La. 1926)

Most recent

  1. Mente & Co. v. Levy107 So. 318 (La. 1926)

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