Saucier v. Saucier

Supreme Court of Louisiana October 19, 1914

Saucier v. Saucier, 135 La. 973 (La. 1914)

66 So. 317; 1914 La. LEXIS 1871

Ville

Opinion of the Court

SOMMER VILLE, J.

[1,2] The return of the district judge in this case, together with the minutes of court, show that this application was made without notice to the judge and the opposing party that such application would be made to this court; besides, the matters complained of might be reviewed by this court on appeal.

The order granting the application of relator is recalled, and the application is dismissed, at his cost.

Reference

Full Case Name: SAUCIER v. SAUCIER. In re SAUCIER
Cited By: 4 cases
Status: Published
Syllabus: (Syllabus by the Court.) 1. Certiorari (§ 46*) — Mandamus (§ 157*)— Prohibition (§ 22*) — Application for Writs — Notice—Designation of Court. Where, a party to a cause, intends to apply to an appellate court for writs of certiorari, etc., notice must be given to the judge and the opposing party that such application will be made to a designated court; and an application to another appellate court than the one designated is not covered by the notice. [Ed. Note.- — For other cases, see Certiorari, Cent. Dig. §§ 85-87, 116-120; Dec. Dig. § 46 ;* Mandamus, Cent. Dig. §§ 317-323, 371; Dec. Dig. § 157;* Prohibition, Cent. Dig. § 71; Dee. Dig. § 22.*] 2. Certiorari (§ 5*) — Mandamus (§ 4*) — Prohibition (§ 3*) — Application fob Writs — Existence of Other Remedy. An application for writs of certiorari, prohibition, mandamus, etc., will be denied, where the party applying has the right of appeal. [Ed. Note. — For other cases, see Certiorari, Cent. Dig. §§ 5, 6; Dec. Dig. § 5;* Mandamus, Cent. Dig. §§ 9-21, 24-34; Dec. Dig. §4;* Prohibition, Cent. Dig. §§ 4-19; Dec. Dig. § 3.*]