Pickles v. McLellan Dry Dock Co.
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Lamm8, J. 1. The defendant is hound by the same rules in pleading and in making proof as plaintiff; and an answer which merely refers to a contract as invalid, must state specific defects, or, on exception at the trial, defendants will not he allowed to prove any defects. 2. Defendants cannot attack collaterally a contract between plaintiff and the city of Hew Orleans; nor have they any interest or right to…
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APPEAL from the Civil District Court for the Parish of Orleans. Lamm8, J. 1. The defendant is hound by the same rules in pleading and in making proof as plaintiff; and an answer which merely refers to a contract as invalid, must state specific defects, or, on exception at the trial, defendants will not he allowed to prove any defects. 2. Defendants cannot attack collaterally a contract between plaintiff and the city of Hew Orleans; nor have they any interest or right to question such a contract. 3. Seotion 23, Acts 1870, Ho. 7, p. 40, refers to contracts requiring disbursements by the city of…
1Opinion of the Court
The opinion of the Court was delivered hy
Poché, J.
Plaintiff, as lessee by transfer of the city of New Orleans, of a feny known as the Third District Perry, plying from the foot of Esplanade street to Olivier street, on the opposite hank, complains that the defendant Dry Dock Company lias, hy driving piles and locating a portion of their dock in front of Ms landing, illegally encroached on the space of one hundred and fifty feet allowed him under his contract for landing conveniences of his ferry-boat at the foot of Olivier street.
Hence, he brings this suit with a view to obtain redress…
2Cited by5 opinions
- Ward v. Board of Levee Com'rs of Orleans Levee Dist.Supreme Court of Louisiana · 1922
- Parish Council of Parish of East Baton Rouge v. Louisiana Highway & Heavy Branch of Associated General Contractors, Inc.Louisiana Court of Appeal · 1961
- Evans v. DuganSupreme Court of Louisiana · 1944
- Manson v. Board of Levee CommissionersLouisiana Court of Appeal · 1934
- Board of Barber Examiners v. ParkerSupreme Court of Louisiana · 1938