DeGrilleau v. Frawley
Supreme Court of Louisiana
APPEAL from the Oivil District Court for the Parish of Orleans. Monroe, J. Where there is no privity there can be no joinder of parties. 14 An. .177; 15 An. 503; 29 An. 105; 30 An. 606. Streets are divided into public and private. What is a private street or road? C. 0., Art. 706. What is a public street or road? 0. 0., Art. 705. No form is necessary to dedicate property to the public use.
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APPEAL from the Oivil District Court for the Parish of Orleans. Monroe, J. Where there is no privity there can be no joinder of parties. 14 An. .177; 15 An. 503; 29 An. 105; 30 An. 606. Streets are divided into public and private. What is a private street or road? C. 0., Art. 706. What is a public street or road? 0. 0., Art. 705. No form is necessary to dedicate property to the public use. Any act or plan, or plat, made by the original owner, is sufficient to prove dedication. 14 La. 172; 3 An. 282; 9 An. 597; 34 An. 1093; 37 An. 602; 45 An. 1405. The city of New Orleans has power to make,…
1Opinion of the Court
The opinion of the court was delivered by
Nicholls, O. J.
The first question which presents itself is as to the character of the alley. The city contends it is a public alley, the plaintiffs that it is merely a private way.
At the time of the sales, in 1860, the square in which the lots sold were situated was surrounded on its four sides by public streets, *192with gutters running along the same, as part of the general drainage of the city.
The object of the'State, as declared in the Act No. 270, was not to dedicate any portion of the property to the public, but to sell the same. No authority was…
2Cases cited4 opinions
- Holmes v. DrewMassachusetts Supreme Judicial Court · 1890
- Stevens v. NicholsMassachusetts Supreme Judicial Court · 1892
- Child v. . ChappellNew York Court of Appeals · 1853
- Sumner v. CraneMassachusetts Supreme Judicial Court · 1892
3Cited by18 opinions
- Cenac v. Public Access Water Rights Ass'nSupreme Court of Louisiana · 2003
- Queensborough Land Co. v. CazeauxSupreme Court of Louisiana · 1915
- Zanone v. StateTennessee Supreme Court · 1896
- United Gas Pipe Line Co. v. New Orleans Term. Co.Louisiana Court of Appeal · 1963
- Bomar v. City of Baton RougeSupreme Court of Louisiana · 1926
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