Louisiana Revised Statutes 42:74 – Declaration of forfeiture of office created by constitution
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Terms Used In Louisiana Revised Statutes 42:74
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Public officer: is a ny person holding a public office in this state. See Louisiana Revised Statutes 42:1
Whenever the governor is informed that any public officer has forfeited his office by giving adhesion to or recognizing any usurper the governor may, when the office is established by the constitution, direct the Attorney General or the district attorney to take legal proceedings before the court of competent jurisdiction to have the forfeiture declared.
These proceedings shall be summary and be had by rule, with notice of one full day to the offender. The court shall hear and determine the rule at once.
Any appeal taken shall be made returnable within ten days, and shall be heard by preference by the supreme court, as in case of contest for judicial office.