State ex rel. Citizens Finance Co. of Hammond v. James
| Decision Date | 01 July 1968 |
| Docket Number | No. 7010,7010 |
| Citation | 213 So.2d 64 |
| Parties | STATE ex rel. CITIZENS FINANCE COMPANY OF HAMMOND, Inc., Relator-Appellant, v. A. Clayton JAMES, Louisiana State Bank Commissioner, Respondent-Appellee. |
| Court | Court of Appeal of Louisiana — District of US |
L. Barbee Ponder, Jr., of Ponder & Ponder, Amite, for appellant.
No appearance for appellee.
Before LANDRY, REID and BAILES, JJ.
Relator instituted this action seeking alternative writs of mandamus directed to Honorable A. Clayton James, Louisiana State Bank Commissioner, to compel the issuance of a small loan license. The alternative writ was issued. After hearing, the trial court rendered judgment dismissing relator's demand for the peremptory writ of mandamus. On appeal to this Court the matter was remanded to the court a quo for further proceedings for reasons not pertinent to this discussion. 198 So.2d 693. Limited certiorari was directed to us in order that the Supreme Court might review that determination. 250 La. 985, 200 So.2d 667. The matter was remanded to us for this decision on the merits. 251 La. 91, 207 So.2d 389.
The petition recites the following allegations: Citizens Finance Company of Hammond, Inc. applied to the Honorable A. Clayton James, Louisiana State Bank Commissioner, for the issuance of a small loan license, LSA-R.S. 6:571 et seq., and in due time complied with all requirements provided by law. The license was not issued and relator alleges that the refusal was arbitrary and without probable cause. The trial court, finding that issuance of a small loan license was a matter of discretion vested in the State Bank Commissioner and that there was no abuse of that discretion in the refusal of the license to relator, recalled the alternative writ of mandamus and dismissed the demand.
The action sought to be required of respondent Commissioner is, without question, discretionary. LSA-R.S. 6:575 provides that an investigation of the facts concerning each application for a small loan license be conducted by the Commissioner. It then sets out three primary areas on which the investigation should be focused, to wit: the ability of the applicant to command public respect and to warrant belief that the business will be lawfully operated, the applicant's ability to promote the convenience and advantage of the community in which the business is to be located and the availability of required liquid assets. The section provides that if the...
To continue reading
Request your trial
-
White v. Board of Trustees of Teacher's Retirement System of Louisiana
...of the Teachers' Retirement System of Louisiana, * * *.' In support of their argument the defendants cite Citizens Finance Company of Hammond v. James, 213 So.2d 64, 65 (La.App.1968), which 'Recently, in the case, State ex rel. Hayes v. Louisiana State Board of Barber Examiners, La.App., 20......
-
Karno v. Louisiana Tax Commission, 4106
...body at whose hands their performance is required, this remedy will not avail a complainant * * *' Also, in State ex rel. Citizens Finance Co. v. James, 213 So.2d 64, at page 65, the Court of Appeal, First Circuit, 'Recently, in the case, State ex rel. Hayes v. Louisiana State Board of Barb......
-
Lyons v. Bossier Parish Police Jury
...duty even if there had been an abuse of that discretion. This holding was reaffirmed in State ex rel. Citizens Finance Company of Hammond, Inc . v. James, 213 So.2d 64 (La.App.1st Cir. 1968). Under the Code of Civil Procedure article and the cases heretofore cited, the question is whether p......
-
Bussie v. Long
...the acts of public officers and boards in respect of matters as to which they are vested with discretion.' In State ex rel. Citizens Finance Co. v. James, La.App., 213 So.2d 64, we 'Recently, in the case, State ex rel. Hayes v. Louisiana State Board of Barber Examiners, La.App., 208 So.2d 3......