# Houeye v. St. Martin Parish School Board

> Supreme Court of Louisiana · February 27, 1970 · 255 La. 486

URL: https://www.frixlaw.com/law-library/cases/7178497

## Case

- **Full name:** Dr. Emmett HOUEYE v. ST. MARTIN PARISH SCHOOL BOARD
- **Court:** Supreme Court of Louisiana
- **Decided:** February 27, 1970
- **Citations:** 255 La. 486; 231 So. 2d 397; 1970 La. LEXIS 3935
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Summers
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7178497

## Opinion text

In re: Dr. Emmett Houeye, et al. applying for writs of certiorari and mandamus.
Application denied. The rilling complained of is correct.
See separate dissent of Summers, Justice.
SUMMERS, J., and BARHAM, J., are of the opinion that the writ should be granted. 28 U.S.C. § 1446 (e) provides that “the defendant or defendants” upon filing a bond and complying with other procedural requirements- may effect a removal *488 of a case from a state court to a federal ■court and thereby divest the state court of jurisdiction until a remand is had from the federal court. In the instant case an intervenor has attempted to remove a case from a state court to the federal court. An intervenor is without authority to effect such a removal. 28 U.S.C. § 1446 (e) is inapplicable, and there has been neither a removal from the state court nor a divestiture of jurisdiction of that court. Only upon application for removal by “the defendant or defendants” will the provisions of 28 U.S.C. § 1446 (e) inure and secure the jurisdiction of the federal courts. The state court should proceed with the case. Relator is entitled to relief under our supervisory jurisdiction.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7178497. Public record. Not legal advice.