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LANDRY v. CITY OF ERATH

No. 93-308.

628 So.2d 1178 (1993)

Vernis J. LANDRY, Plaintiff-Appellant, v. CITY OF ERATH, et al. Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied January 5, 1994.

Attorney(s) appearing for the Case

Preston Miller Summers, Abbeville, for Vernis Landry.

Joseph Charles Kosarek, Abbeville, for City of Erath, et al.

Paul G. Moresi Jr., Abbeville, for Ville Platte Police Jury.

Before GUIDRY, KNOLL and SAUNDERS, JJ.

KNOLL, Judge.

This appeal concerns whether a mandamus may be issued ordering a municipality to pay a judgment rendered against it. The trial court refused to issue the mandamus, stating:

"LSA-C.C.P. Art. 3863 states that a writ of mandamus may be directed to a public officer to compel the performance of a ministerial duty required by law. This Court is of the opinion that the appropriation of money for any purpose is discretionary, and plaintiff...

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