STATE v. McCULLOCH

No. 226.

126 So.2d 191 (1961)

STATE of Louisiana on the relation of Bernard John FONSECA v. George M. McCULLOCH, Jr.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied January 30, 1961.


Attorney(s) appearing for the Case

Alvin J. Liska, Jorda S. Derbes, Ernest L. Salatich, Joseph H. Hurndon and Thomas as Barr III, New Orleans, for defendant-appellant.

Edward A. Wallace, Bentley G. Byrnes, Gerald J. Gallinghouse, James T. Skelly, Alvin V. Oser, O. C. Stein, Jr., Henry C. Vosbein, Albert P. Gallinghouse, Thomas J. Taylor, Clarence O. Dupuy, John B. Hattier and Emile L. Turner, Jr., New Orleans, for plaintiff-appellee.


YARRUT, Judge.

Defendant-appellant appeals from a judgment ordering him to surrender to plaintiff-appellee the office of Judge of the Traffic Court of New Orleans. This action was brought under LSA-R.S. 18:1302, the appropriate Intrusion into Office Statute.

The office in question became vacant when the incumbent Judge took his oath as a judge of the Civil District Court for the Parish of Orleans.

It is stipulated that plaintiff-appellee holds a commission...

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