# Bowen v. Doyal

> Supreme Court of Louisiana · October 20, 1971 · 259 La. 839

URL: https://www.frixlaw.com/law-library/cases/9688324

## Case

- **Full name:** Richard W. BOWEN v. F. C. DOYAL, Administrator of the Division of Employment Security of Department of Labor, State of Louisiana and Roy O. Martin. Lumber Company
- **Court:** Supreme Court of Louisiana
- **Decided:** October 20, 1971
- **Citations:** 259 La. 839; 253 So. 2d 200
- **Precedential status:** Published
- **Opinion:** Concurrence by McCALEB
- **Judges:** Barham, McCaleb, Summers
- **Cited by:** 56 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/9688324

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9688324. Public record. Not legal advice.