State ex rel. Reynolds & Henry Construction Co. v. O'Kelly
Supreme Court of Louisiana
APPEAL from the Fifth Judicial District Court for the Parish of Ouachita. Potts, J. In Reynolds & Henry Construction Company vs. the Mayor and Council of the city of Monroe, reported in 47 An. 1289, this court affirmed the judgment of the lower court, which had decreed that relators (the Reynolds & Henry Construction Company) were entitled to a tax upon all the taxable property situated within the corporate limits of the city of Monroe, to be levied on the assessment roll of…
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APPEAL from the Fifth Judicial District Court for the Parish of Ouachita. Potts, J. In Reynolds & Henry Construction Company vs. the Mayor and Council of the city of Monroe, reported in 47 An. 1289, this court affirmed the judgment of the lower court, which had decreed that relators (the Reynolds & Henry Construction Company) were entitled to a tax upon all the taxable property situated within the corporate limits of the city of Monroe, to be levied on the assessment roll of 1889, with the following amendment: * * * u £fje judgment appealed from be amended so as to order an assessment of a…
1Opinion
On Rehearing.
The Council is in error in respect to the position it occupied after .our decree was sent back to the District Court. Our decree did not send the case back for the exercise of any original right in the Council, but for the performance of a specially imposed duty. Both its right (if such it may be styled) in respect to the subject matter for which the cause was remanded, and its duty in regard thereto, went no further back than the decree of this court. That decree was the source and measure, both of its right and duty. In taking .action under the decree, the Council was not…
2Cases cited2 opinions
- Lovelace v. TaylorSupreme Court of Louisiana · 1843
- Hays v. MarshSupreme Court of Louisiana · 1837