State v. Ledoux

4 Citing cases

  1. Tafoya v. New Mexico State Police Board

    81 N.M. 710 (N.M. 1970)   Cited 16 times
    Referring to Webster's Third International Dictionary's definition of "incompetence" as including a "lack of physical, intellectual, or moral ability"

    Many cases have determined that "incompetence" embraces physical inability to perform. State ex rel. Hardie v. Coleman, 115 Fla. 119, 155 So. 129, 92 A.L.R. 988 (1934); County Board of Education of Clarke County v. Oliver, supra; Collins v. Iowa Liquor Control Commission, 252 Iowa 1359, 110 N.W.2d 548, 550 (1951); State ex rel. DeBellevue v. Ledoux, 3 So.2d 188, 190 (La.App. 1941); Board of Public Education School District of Philadelphia v. Beilan, 386 Pa. 82, 125 A.2d 327, 328 (1956), aff'd 357 U.S. 399 (1958). 67 C.J.S. Officers § 60, at 253, states that incompetency "refers to any physical, moral, or intellectual quality, the lack of which incapacitates the officer to perform his duties."

  2. Stokes v. Harrison

    238 La. 343 (La. 1959)   Cited 16 times
    In Stokes v. Harrison, 238 La. 343, 115 So.2d 373 (La. 1959), the supreme court unanimously held that when the Beauregard Parish School Board sold a parcel of land that it had previously purchased from a private landowner without reservation of minerals, the sale was not a sale of property by the "state" for purposes of La. Const. art. IV, § 2 (1921).

    This conclusion finds support, by parity of reasoning, in State ex rel. Smith v. Theus, 114 La. 1097, 38 So. 870, where it was held that a parish superintendent of schools was a state officer, although his duties are limited within the bounds of the parish for which he is elected." State ex rel. Wimberly v. Barham, 173 La. 488, 137 So. 862, 864; Cf., State ex rel. Debellevue, v. Ledoux, La.App., 3 So.2d 188. "While local subdivisions and boards created by the state may have some connection with one of the departments of the state government as defined by the Constitution, they are not 'departments of state government' within the * * * meaning of the act [Act 259 of 1940].

  3. Tichenor v. Orleans Parish School Board

    144 So. 2d 603 (La. Ct. App. 1962)   Cited 11 times

    No appellate court in this state has defined incompetency within the meaning of the Teachers' Tenure Act. The case of State ex rel. de Bellevue v. Ledoux, 3 So.2d 188 (La.App. 1941), in which the dismissal of a School Board member for incompetency was sought, quoted the following definition: "Incompetency as a ground for suspension and removal has reference to any physical, moral, or intellectual quality, the lack of which incapacitates one to perform the duties of his office.

  4. Carr v. New Orleans Police Department

    144 So. 2d 452 (La. Ct. App. 1962)

    Inefficiency "may also arise from lack of judgment and discretion or from a serious physical or mental defect not present at the time of election * * * and the defect under which the officer is laboring must be one that has made him unfit or unable to continue to hold the office since the time he has assumed the discharge of his duties." 67 C.J.S. Officers, § 60d(5), page 253, citing State ex rel. Debellevue, v. Ledoux, La. App., 3 So.2d 188. In Burton v. Dept. of Highways, 1961, App., writ denied Feb. 6, 1962, 135 So.2d 588, plaintiff sustained a left inguinal hernia from an accident.