New Orleans v. Reatz

In this matter an expropriation jury in the court below awarded the defendant $8180.00 with legal interest and all costs for the value of his property. From a judgment of the lower court based on this verdict, appeal was taken to Supreme Court.

Acting under Article 2634 of the Revised Civil Code, which so permits, plaintiff deposited with the civil sheriff the amount of the jury’s award pending decision of Supreme Court on appeal and proceeded to demolish the buildings on the property.

When the defendant sought to withdraw the deposit from the civil sheriff this official claimed a fee of 2% per…