Sims v. Village of Mer Rouge
Supreme Court of Louisiana
Appeal from Sixth Judicial District Court, Párish of Morehouse; Ben O. Dawkins, Judge. Actions by G. M. Sims (No. 9365), by Sims & Ingram (No. 9366), and by Norsworthy & Yeldell (Nos. 9367, 9368), all against the Village of Mer Rouge. Judgment for the defendant on exception of no cause of action was rendered in each action, and the plaintiffs appeal.
1Opinion of the CourtProvosty, J.
An ordinance of the village of Mer Rouge reads:
“Be it enacted,” etc., “that the license tax to sell near beer during the year 1913 shall be $250.”
This ordinance by its very terms applied only to the year 1913, but plaintiff paid the said license for the year 1914, and now sues to recover back the amount thus paid. He alleges that he made the payment through error of law and fact and by mistake and—
“involuntarily, under pressure, protest, duress, and fear of criminal prosecution, as provided by both Act 178 of 1912 and the said ordinance.”
He alleges further that the money thus paid by him is…
2Cases cited4 opinions
- Atchison, Topeka & Santa Fe Railway Co. v. O'ConnorSupreme Court of the United States · 1912
- Fuselier v. St. Landry ParishSupreme Court of Louisiana · 1901
- Simpson v. City of New OrleansSupreme Court of Louisiana · 1913
- Mayor of New Iberia v. Moss Hotel Co.Supreme Court of Louisiana · 1904
3Cited by7 opinions
- City of New Orleans v. Jackson Brewing Co.Supreme Court of Louisiana · 1926
- Bagneris v. City of New OrleansLouisiana Court of Appeal · 1961
- Central Savings Bank & Trust Co. v. City of MonroeSupreme Court of Louisiana · 1940
- Lancaster v. Police JuryDistrict Court, W.D. Louisiana · 1917
- Cook v. City of ShreveportLouisiana Court of Appeal · 1932
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