Supreme Court of Louisiana, 1972

State ex rel. Broussard v. Gauthe

State ex rel. Broussard v. Gauthe
Supreme Court of Louisiana · Decided October 19, 1972 · Barham
263 La. 105; 267 So. 2d 211; 1972 La. LEXIS 5366

State ex rel. Broussard v. Gauthe

Opinion of the Court

Application denied. The result is correct.

Concurring Opinion

BARHAM, J.,

concurs in the denial. The action is incorrectly styled one under the “Intrusion into Office Statute” R.S. 42:71-87. The suit is one in Quo Warranto. Code of Civil Procedure Arts. 3901-3902. The definition of “Public Offcer” is contained in R.S. 42:71 and does not apply to this officer. “Public Officer” under the Code provisions does include this office holder.

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