Legal Opinion

Gillis v. Clayton, Assessor

Supreme Court of Louisiana

Decided March 15, 1881No. 8195PublishedCited by 4 opinions

APPEAL from the Ninth Judicial District Court, parish of Concordia. Hough, J. Eirst — 'When tlie funds to be distributed does not equal a thousand dollars, and the issues do-not relate to the legality or the oonstiutionality of the law, but relate to questions of facts, the Supreme Court is without jurisdiction to try the same.

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APPEAL from the Ninth Judicial District Court, parish of Concordia. Hough, J. Eirst — 'When tlie funds to be distributed does not equal a thousand dollars, and the issues do-not relate to the legality or the oonstiutionality of the law, but relate to questions of facts, the Supreme Court is without jurisdiction to try the same. Article 81, Constitution of 1879. State of Louisiana vs. Maxwell, 27th An. 722. Second — The constitutionality of a law will not be considered when an issue to that effee has not been raised. State of Louisiana vs. Widow J. C. de St. Romes, 26th An. page 753. ’’When a…

1Opinion of the Court

On-Motion to Dismiss.

The opinion of the Court was delivered by

Todd, J.

The plaintiffs and appellees move the dismissal of the •appeal on the following grounds, which we copy verbatim:

“ 1. The matter in dispute or the funds to be distributed do not •equal one thousand dollars.
“ 2. The legality or constitutionality of a tax, toll, or impost is ■not in question, and consequently this Court has no jurisdiction.”

Certain property of the plaintiffs having been assessed at three 'thousand dollars, they brought suit in the District Court of Concordia .Parish, where the property was situated, against…

2Cited by4 opinions

  1. State v. Rosenstream, Weiss & Co.Supreme Court of Louisiana · 1900
  2. Marston v. ElliottSupreme Court of Louisiana · 1915
  3. Morgan's L. & T. R. & S. S. Co. v. Tax CollectorSupreme Court of Louisiana · 1917
  4. Furlow v. GuillotSupreme Court of Louisiana · 1914

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