Louisiana Ice Manufacturing Co. v. City of New Orleans
Supreme Court of Louisiana
APPEAL from the Oivil District Coui’t for the Parish of Orleans. King, J. _ After the levee is advanced toward the river, and the batture brought within the dominion of private property by the extinguishment of the public use, and it is taxed and subjected as to possession and use to the will of the owner, a street can not be opened thereon without compensation being paid to the owner. 7 An. 78. The Act of 80th April, 1858, Acts of 1883, p. 298, does not require the riparian…
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APPEAL from the Oivil District Coui’t for the Parish of Orleans. King, J. _ After the levee is advanced toward the river, and the batture brought within the dominion of private property by the extinguishment of the public use, and it is taxed and subjected as to possession and use to the will of the owner, a street can not be opened thereon without compensation being paid to the owner. 7 An. 78. The Act of 80th April, 1858, Acts of 1883, p. 298, does not require the riparian owner to sue for possession of batture, but gives him the right to sue the municipality if it is withholding from him…
1Opinion of the Court
On Motion to Remand.
The opinion of the court was delivered by
Fenner, J.
The defendant appellants, in advance- of fixing or hearing on the merits, present this motion to remand the cause to the court a qua for the purpose of receiving and considering certain additional evidence which has been discovered since the date of the decision below, and which is alleged to have a material bearing om the issues.
*219We have maturely considered the points and authorities adduced in support of the motion, but can not avoid the conclusion that the, motion at this time is premature.
Our authority for such action…
2Cases cited1 opinion
- Culliver v. GarricSupreme Court of Louisiana · 1839
3Cited by17 opinions
- DeSambourg v. BOARD OF COM'RSSupreme Court of Louisiana · 1993
- Mayer v. BarrowSupreme Court of Louisiana · 1935
- County of Yuma v. LeidendekerArizona Supreme Court · 1956
- L. A. Frey & Sons, Inc. v. Town of SlidellSupreme Court of Louisiana · 1927
- Board of Liquidation v. City of New OrleansSupreme Court of Louisiana · 1906
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