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10 So. 2d 507

State v. Duncan

Louisiana Court of Appeal

Decided October 31, 1942

Louisiana Court of Appeal · decided 1942-10-31

Relies on Martin v. Toye Bros. Yellow Cab Co., Inc. · Migeot v. Barrilleaux

Good law ✅— No negative treatment on recordhow we know

Decided 1942-10-31

How this case has been cited

Cited by 4 later decisions — most recently November 1969

4 state decisions

20194219501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Following the course, which we have lately pursued in cases like this, notably Migeot v. Barilleaux, La.App., 166 So. 157, and Rousseau v. Democratic Parish Executive Committee, La.App., 164 So. 175, which, like the present, required a decision within twenty four hours after submission, we will at this time assign oral reasons for judgment only and prepare and file written reasons at as early a date as possible.

¶2We might state, however, that we have concluded that the judgment appealed from correctly sustained the contention of the plaintiff that the procedure as outlined in Section 28 of Act No. 46 of 1940 in raising any objection to his candidacy and nomination is that which governed and which should have been followed, and that it also correctly overruled the plea of estoppel which had been filed on behalf of the defendants the Democratic Executive Committee for the Parish of East Baton Rouge and Joseph H. Duncan. These two points will be elaborated on in the opinion to be later handed down.

¶3For these and the oral reasons assigned, it is ordered that the judgment appealed from be affirmed at the costs of the defendants, appellants herein.

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