Breaux v. Breaux

Supreme Court of Louisiana November 18, 1964

Breaux v. Breaux, 246 La. 903 (La. 1964)

168 So. 2d 599; 1964 La. LEXIS 2795

Action, Article, Authority, Constitution, Granted, Hearing, Mainly, McCaleb, Minority, Prescribed, Reasons, Should, That, Were, Writ

Opinion of the Court

In re: Shirley M. Breaux et al. applying for writs of certiorari, mandamus and prohibition and for a stay order. 161 So.2d 403.

Writ refused. The showing made does not warrant the exercise of our supervisory jurisdiction.

McCALEB, J., is of the opinion that a writ should be granted mainly on the ground that two judges (a minority) of the Court of Appeal were without authority to summarily dismiss a remedial writ, once granted, without a contradictory hearing before the Court and an opinion assigning reasons for its action as prescribed by Section 1 of Article 7 of the Constitution.

Reference

Full Case Name: Leon E. BREAUX v. Shirley M. BREAUX
Status: Published