# Pearce v. Roy

> Supreme Court of Louisiana · April 11, 1972 · 261 La. 763

URL: https://www.frixlaw.com/law-library/cases/7180439

## Case

- **Full name:** Dave L. PEARCE, Commissioner Louisiana Department of Agriculture, ex rel. LOUISIANA LIVESTOCK SANITARY BOARD v. Anthony J. ROY, Sr.
- **Court:** Supreme Court of Louisiana
- **Decided:** April 11, 1972
- **Citations:** 261 La. 763; 260 So. 2d 697; 1972 La. LEXIS 5205
- **Precedential status:** Published
- **Opinion:** Dissent by Summers
- **Judges:** Granted, Reasons, Should, Summers
- **Cited by:** 0 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/7180439

## Opinion text

SUMMERS, Justice
(dissenting from the refusal to grant review).
I agree with the conclusion of the trial judge, upon the finding of fact made by him, that there is no evidence of record to establish that the Commissioner was authorized by the Louisiana Livestock Sanitary Board to institute this or any suit on behalf of the Board. La.Code Civ.P. arts. 1393^1. As the legislation on the subject (La.R.S. 3:2093) plainly provides: “The Commissioner of Agriculture . . . shall be emp Dwered to employ all necessary personnel to carry out the policies, and such rules, regulations and ordinances adopted by the . . . Board . . . . ” In matters of this nature, therefore, the Commissioner acts for and on behalf of the Board and he must establish the necessary authorization of the Board approving his actions.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7180439. Public record. Not legal advice.