Legal Opinion

Pulley & Erwin v. Municipality No. 2

Supreme Court of Louisiana

Decided May 15, 1841PublishedCited by 11 opinions

APPEAL FROM THE PARISH COURT POR THE PARISH AND CITY OF NEW ORLEANS. The plaintiffs allege they axe the owners and have been in the undisturbed possession of six lots, composing a square or islet of ground in the Faubourg Delord, fronting on the river Mississippi and on New Levee, Benjamin and Suzette streets.

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APPEAL FROM THE PARISH COURT POR THE PARISH AND CITY OF NEW ORLEANS. The plaintiffs allege they axe the owners and have been in the undisturbed possession of six lots, composing a square or islet of ground in the Faubourg Delord, fronting on the river Mississippi and on New Levee, Benjamin and Suzette streets. That the authorities of the Municipality have illegally disturbed them in their said possession and committed various acts of trespass, injury and damage to their property; more especially in digging and carrying away a large quantity of eayth or dirt from their premises ; making large…

1Opinion of the CourtGarland, J.

The petitioners allege that they are the joint proprietors and possessors of six lots of ground in the Suburb Delbrd in this city, fronting on the river, and have been so for seven years past, that they have been disturbed in the enjoyment and possession of their property, by vario'us persons acting under the authority o'f the City Cduricil of the Second Municipality, entering Updn their premises and committing various trespasses and injuring their property by digging and taking áwáy a large quantity of earth and sand, making holes in the ground, so as to render it unfit for use and destroy…

2Cited by11 opinions

  1. Wolfe v. HurleyDistrict Court, W.D. Louisiana · 1930
  2. DeSambourg v. BOARD OF COM'RSSupreme Court of Louisiana · 1993
  3. M. Brown & Co. v. DuplessisSupreme Court of Louisiana · 1859
  4. State v. Bonelli Cattle CompanyArizona Supreme Court · 1971
  5. Ward v. Board of Levee Com'rs of Orleans Levee Dist.Supreme Court of Louisiana · 1922

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