Legal Opinion

Louisiana Western R. v. Village of Duson

Supreme Court of Louisiana

Decided December 1, 1919No. 22371PublishedCited by 3 opinions

Appeal from Eighteenth Judicial District Court,-Parish of Calcasieu; Winstone Over-bell, Judge. Suit by the Louisiana Western Railroad Company against the Village of Duson. From judgment denying injunction, plaintiff appeals.

1Opinion of the CourtDawkins, J.

Plaintiff brought this suit to enjoin the sale of its property by the defendant for the general municipal taxes of the year 1915, upon the following grounds, to wit:(1) Because the said tax was not levied at a regular meeting of the board of aldermen of said village, as provided by section 35 of Act 136 of 1898, under which defendant is chartered, but was levied at a special meeting of said board.(2) In the alternative, if the ordinance levying said tax was not illegal for the reason just stated, it was void because not adopted by a yea and nay vote, as required by section 33 of said act.(3)…

2Cases cited4 opinions

  1. Town of De Ridder v. HeadSupreme Court of Louisiana · 1916
  2. Village of Marthaville v. ChambersSupreme Court of Louisiana · 1914
  3. Village of Elton v. ButtrellSupreme Court of Louisiana · 1918
  4. City of New Orleans v. Mechanics' & Traders' BankSupreme Court of Louisiana · 1860

3Cited by3 opinions

  1. St. Martin Parish Police Jury v. Iberville Parish Police JurySupreme Court of Louisiana · 1947
  2. Michiels v. Succession of GladdenLouisiana Court of Appeal · 1938
  3. Bruder v. Board of EducationSupreme Court of Minnesota · 1929

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