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State ex Rel. Boone v. Fraser

Court of Appeal of Louisiana, Second Circuit
Dec 14, 1949
43 So. 2d 284 (La. Ct. App. 1949)

Opinion

No. 7462.

December 14, 1949.

J. Reuel Boone, District Attorney, Many, Kay Kay, DeRidder, for petitioner.

Edwin M. Fraser, in pro. per., Many, Colvin Hunter, Mansfield, for respondent.


Relator's application for a writ of mandamus directing the trial Judge to fix a civil suit for trial by preference under authority of Act No. 102 of 1928 must be denied for the reason that the supervisory powers of the Supreme Court under Article 7 of the Constitution extend to all cases where abuse of judicial power and discretion is charged, regardless of the amount involved. The supervisory jurisdiction granted to the several Courts of Appeal by section 2 of Article 7 of the Constitution is confined to power to issue such writs and orders only as are necessary in aid of the Court's appellate jurisdiction. Allen v. Allen, 165 La. 437, 115 So. 648.

The alternative writ issued herein is recalled and relator's application is dismissed.


Summaries of

State ex Rel. Boone v. Fraser

Court of Appeal of Louisiana, Second Circuit
Dec 14, 1949
43 So. 2d 284 (La. Ct. App. 1949)
Case details for

State ex Rel. Boone v. Fraser

Case Details

Full title:STATE ex rel. BOONE, District Attorney, v. FRASER, Judge

Court:Court of Appeal of Louisiana, Second Circuit

Date published: Dec 14, 1949

Citations

43 So. 2d 284 (La. Ct. App. 1949)