77 So. 287 | La. | 1917
Although the appellees did not question our jurisdiction in this case, it was observed, pending the appellants’ application for rehearing, that it was very doubtful whether this court had jurisdiction. A rehearing was granted, therefore, on our own motion, to determine the question of appellate jurisdiction.
The amount of the salary or emoluments of the office of the police jurors whose right to the office is contested does not determine the question of appellate jurisdiction in this case. In fact, there is no allegation nor proof of salary or emoluments.
The only allegation in the petition purporting to fix or determine the appellate jurisdiction of the controversy is:
“That the auestions involved in this litigation affect the validity of all acts of the corporate body, the police jury, of the parish of Ascension, and the value of the issues involved is over $2,-000.”
It was decided in State ex rel. Broussard, District Attorney, v. Dallas et al., 116 La. 489, 40 South. 847, a suit between contestants for a public office without salary or pecuniary perquisite, that the importance of the office or the amount of public funds to be administered could not be considered in determining the question of appellate jurisdiction. That decision, in effect, overruled the doctrine of the case relied upon by the appellants. State ex rel. Denis v. Shakespeare, 43 La. Ann. 92, 8 South. 893. The ruling in Broussard’s Case was affirmed in Heitkamp et al. v. Lancaster, District Attorney, 118 La.
The judgment heretofore rendered by this court is annulled and set aside, and the appeal is dismissed at appellants’ cost.