Opinion
No. 52877.
October 19, 1972.
In re: Harold Gauthe applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit, Parish of Lafayette.
Application denied. The result is correct.
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 Officer" 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.