State ex rel. Citizens Finance Co. of Hammond v. James

• Decision Date: 29 May 1967
• Docket Number: No. 7010,7010
• Citation: 198 So.2d 693
• Court: Court of Appeal of Louisiana — District of US
• Parties: STATE ex rel. CITIZENS FINANCE COMPANY OF HAMMOND, Inc., Relator-Appellant, v. A. Clayton JAMES, Louisiana State Bank Commissioner, Respondent-Appellee. . April, 17, 1967. Rehearing Denied

Page 693

198 So.2d 693

STATE ex rel. CITIZENS FINANCE COMPANY OF HAMMOND, Inc., Relator-Appellant, v. A. Clayton JAMES, Louisiana State Bank Commissioner, Respondent-Appellee.

No. 7010.

Court of Appeal of Louisiana, First Circuit.

April, 17, 1967.

Rehearing Denied May 29, 1967.

Ponder & Ponder, Anrite, for Relator.

Ben Daly Bridgeman, New Orleans, for Respondent.

Before LANDRY, ELLIS and BAILES, JJ.

BAILES, Judge.

This is a mandamus proceeding brought on the petition of the Citizens Finance Company of Hammond, Inc., against A. Clayton James, respondent, in his official capacity and position of Louisiana State Bank Commissioner, to compel his to issue a small loan license to relator, or to show cause why it should not issue. Following a hearing on relator's application for the writ of mandamus, the trial judge rendered judgment dismissing the demands of the relator at its costs. From this adverse judgment, relator has appealed.

The record reflects that the respondent, A. Clayton James, filed no answer to the relator's petition. In the absence of respondent's answer to relator's petition, no issue has been joined between the parties, and the matter is not properly before us at this time. See LSA-C.C.P. Article 2593 and Article 3783.

For the foregoing reasons, the judgment appealed from is reversed and set aside, and this matter is remanded to trial court for further proceedings not inconsistent herewith.

Reversed and remanded.