# State ex rel. Samuel Smith & Co. v. Dubuclet

> Supreme Court of Louisiana · March 15, 1871 · 23 La. Ann. 267

URL: https://www.frixlaw.com/law-library/cases/7188701

## Case

- **Full name:** State ex rel. Samuel Smith & Co. v. Antoine Dubuclet, State Treasurer
- **Court:** Supreme Court of Louisiana
- **Decided:** March 15, 1871
- **Citations:** 23 La. Ann. 267
- **Precedential status:** Published
- **Opinion:** Concurrence by Howe
- **Judges:** Howe, Taliaferro
- **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/7188701

## Opinion text

Howe, J.,
concurring. I concur, on the grounds that, first, there-were no funds in the treasury at the time of the demand made by relators, and therefore no right in them to the summary remedy of mandamus; and second, that, under the circumstances of this case to-allow the mandamus to issue would be practically to permit a citizen, to sue the State, without her permission, upon a disputed claim.
Rehearing refused.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7188701. Public record. Not legal advice.