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.