Legal Opinion

City of New Orleans v. New Orleans Jockey Club

Supreme Court of Louisiana

Decided December 5, 1904No. 15,432PublishedCited by 11 opinions

Appeal from Civil District Court, Parish of Orleans; Thos. C. W. Ellis, Judge. Action by the City of New Orleans against the New Orleans Jockey Club. From a judgment dismissing the action, plaintiff appeals.

1Opinion of the Court

On Motion to Dismiss.

BREAUX, C. J.

[1] The grounds pleaded by appellee to dismiss the appeal are that the motion for appeal was made at chambers, out of term time, and that the appeal was not prosecuted, as it should have been, by petition and service on the appellee. '

The city of New Orleans in July, 1904, brought suit for the expropriation of lands for a public purpose adjacent to one of its parks and owned by defendant.

On intervention of Geo. W. Friedrichs to become a party, his petition was granted, and he was made a party. He joined in the defense.

An injunction was issued at plaintiff’s…

2Cases cited5 opinions

  1. Lockhart v. LockhartSupreme Court of Louisiana · 1905
  2. State ex rel. City of New Orleans v. Judge of the Sixth District Court for the Parish of OrleansSupreme Court of Louisiana · 1869
  3. Succession of HoyleSupreme Court of Louisiana · 1902
  4. Cuddy v. Belleville Iron Works Co.Supreme Court of Louisiana · 1849
  5. State ex rel. Morgan's L. & T. R. & S. S. Co. v. St. PaulSupreme Court of Louisiana · 1902

3Cited by11 opinions

  1. Charbonnet v. State Realty Co.Supreme Court of Louisiana · 1923
  2. State v. St. JulianSupreme Court of Louisiana · 1952
  3. Teutonia Loan & Building Co. v. ConnollySupreme Court of Louisiana · 1913
  4. Verrett v. SavoieSupreme Court of Louisiana · 1932
  5. Hibernia Bank & Trust Co. v. Jacob A. Zimmerman & Sons, Inc.Supreme Court of Louisiana · 1929

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