# State ex rel. Exchange Bank v. Board of Liquidators

> Supreme Court of Louisiana · April 15, 1877 · 29 La. Ann. 264

URL: https://www.frixlaw.com/law-library/cases/7191073

## Case

- **Full name:** State ex rel. Exchange Bank v. Board of Liquidators
- **Court:** Supreme Court of Louisiana
- **Decided:** April 15, 1877
- **Citations:** 29 La. Ann. 264
- **Precedential status:** Published
- **Opinion:** Concurrence by Spencer
- **Judges:** Deblanc, Manning, Spencer
- **Cited by:** 3 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/7191073

## Opinion text

Concurring Opinion.
Spencer, ,T.
In the case of Durant vs. the Board of Liquidation the defense put at issue the validity, consideration, legality, and constitutionality of the bonds, without objection as to the proceeding by mandamus being premature. Wo then held that this objection, made in the briefs of counsel only, came too lato, and intimated that such a cumulation of the merits with proceedings for mandamus at least avoided multiplicity and circuity of action and diminished costs. In the case now before us, the objection to the form of proceeding is specially made -i/i limine. An attentive examination of the funding bill and supplementary acts constrains me to the conclusion that the objection must prevail, however illogical 1 may think the law to be.
I therefore concur in the opinion delivered by the Chief Justice.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7191073. Public record. Not legal advice.