Opinion

Bowen v. Doyal

  • 259 La. 839
  • 253 So. 2d 200
Court
Supreme Court of Louisiana
Filed
Oct 20, 1971
Status
Published
Author
McCALEB
On the bench
Barham, McCaleb, Summers
Cited by
56 cases
Authority
More cited than 8.4%

Addressing former La. Const. Art. 1, §6

How later courts described this case

  • Addressing former La. Const. Art. 1, §6

Written by the judges who cited it.

The opinion

McCALEB, Chief Justice

(concurring).

While originally of the opinion that the Administrator herein was without right to appeal from a judgment in his favor, I now yield to the majority viewpoint inasmuch ■ as a statute of the State has been declared unconstitutional. See Petition of Sewerage & Water Bd., 248 La. 169 , 177 So.2d 276 (1965).

’ • On the merits of the appeal I believe that the district court is vested with general original jurisdiction to hear' and determine this matter under Article VII, Section 35, of our Constitution .as Bowen is 1 seeking legal enforcement of an alleged civil right. However, 1 disagree with the application by the majority of principles and adjudications which do not and cannot control' the issue here presented, i, e., a matter of distinct court jurisdiction governed exclusively by our State Constitution. Moreover, I perceive no valid reason for the summary overruling of decisions of this Court which are clearly distinguishable and ' eminently sound.

I respectfully concur in the decree.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.