State ex rel. Crean v. Bouny
Supreme Court of Louisiana
^PPEAL from the Civil District Court, parish of Orleans. Houston, First — The Act No. 93, of 1880, is in violation .of the Constitution, Articles 29, 44, 48, 56. Second — Taxpayers and creditors have the right to invoke the unconstitutionality of an act when the carrying out of its provisions injures them pecuniarily. Third — Where suit is brought to prevent the doing' of an illegal act by officers of the State, they alone are necessary parties defendant.
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^PPEAL from the Civil District Court, parish of Orleans. Houston, First — The Act No. 93, of 1880, is in violation .of the Constitution, Articles 29, 44, 48, 56. Second — Taxpayers and creditors have the right to invoke the unconstitutionality of an act when the carrying out of its provisions injures them pecuniarily. Third — Where suit is brought to prevent the doing' of an illegal act by officers of the State, they alone are necessary parties defendant. First — There are no defendants or proper parties before the Court. Second — The Court is without authority to grant an injunction in a…
1Opinion of the Court
Motion to Dismiss Appeal.
The opinion of the Court was delivered by
Levy, J.
Appellees move to dismiss the appeal in this case, on the following grounds:
1st. That there is no averment, in the petition for injunction, that the amount in dispute, as to all or any of the petitioners, exceeds the sum of one thousand dollars.
2nd. That, as no community of title is averred between any two or more of the plaintiffs in the petition, it should, in order to give the Court jurisdiction, appear affirmatively, as it does not, that the amount in dispute, as to each individual appellant, exceeds one thousand…
2Cited by1 opinion
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