Supreme Court of Louisiana, 1870

Bush v. Head

Bush v. Head
Supreme Court of Louisiana · Decided July 15, 1870 · Ludeling
22 La. Ann. 459

Bush v. Head

Opinion of the Court

Ludeling, C. J.

This is an appeal from a judgment of the district court perpetuating a writ of prohibition, issued to prevent the judge of the parish court from proceeding with the trial of a cause involving-four hundred and eighty dollars, and the accrued interest, amounting-to about three hundred and forty dollars.

The district judge was without jurisdiction to issue the writ in suoh a case. It was not necessary to aid him in the exercise of his appellate jurisdiction, and lie had not original jurisdiction in the case.

The judgment of the district judge is a nullity. It is therefore ordered that the judgment appealed from be avoided, and that the plaintiff and appellee pay costs of both courts.

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