15 La. 521 | La. | 1840
delivered the opinion of the court.
This is an application for a rule on the judge of the Parish Court, in and for the parish and city of New-Orleans, to show cause why a mandamus should not issue, commanding him to proceed forthwith to the trial of this cause. It appears that when the case came on to be tried in the court belqw, it was ordered to be continued by the judge, on an affidavit made by one of the defendants, for reasons said to be insufficient in law; and notwithstanding an offer on the part of plaintiff, to admit that the witness alleged to be absent would, if present, swear to such facts as the defendant, who had moved for the continuance, might disclose under oath. We are of opinion that no mandamus should issue in a case like the present. We are called upon to revise an opinion expressed . . „ . .. . , . . , * by an inferior tribunal, from which no appeal could be taken, We have never questioned the authority of the legislature to reguíate the exercise of the appellate jurisdiction given to this 0 1,1 court in all civil cases, in which the matter in dispute exceeds three hundred dollars. Art. 566 of the Code of Practice, provides that an appeal can be taken from interlocutory judgments, only when such judgments work an irreparable injury. Supposing that the judge in this case has erred, no irrepara
It is said that the judge has been guilty of a denial of justice ; and we are referred to article 830, of the Code of Practice, as fully authorizing the remedy asked for. We are not prepared to say that there has been, in the present case, a denial of justice in the sense of the article above quoted. There has been, on the part of the judge below, no refusal to take cognizance of a case within his jurisdiction, or to act on the application of parties before him. He has pronounced on an incidental question presented to him in the progress of a cause; and if he has committed au error, it is one which
We cannot interfere with the orders or interlocutory judgments of the inferior tribunals, which do not work an irreparable injury, or involve matters which may affect our appellate jurisdiction.
The plaintiff should lake nothing by his motion.