Friscoville Realty Co. v. Police Jury of Parish of St. Bernard
Supreme Court of Louisiana
Friscoville Realty Co. v. Police Jury of Parish of St. Bernard, 124 La. 589 (La. 1909)
50 So. 590; 1909 La. LEXIS 502
Provosty
Friscoville Realty Co. v. Police Jury of Parish of St. Bernard
Opinion of the Court
Relator applies for a mandamus directing the judge of the lower court to grant him a suspensive appeal from an ex parte order dissolving an injunction on bond. Relator alleges that its application for the appeal was made over the telephone. This allegation is fatal to the application. Proceedings in the district courts must be in writing, and an application for appeal made verbally (and still loss by telephone) cannot serve as the basis for a proceeding in this court.
The application of relator is rejected at its cost.
Reference
- Full Case Name
- FRISCOVILLE REALTY CO. v. POLICE JURY OF PARISH OF ST. BERNARD. In re FRISCOVILLE REALTY CO.
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Appeal and Error (§ 361*) — Suspensive Appeal-Application. Since proceedings in the district courts are required to be in writing, a verbal application over the telephone for a suspensive appeal cannot serve as the basis of a proceeding in the Supreme Court to compel the judge to grant the appeal.