State v. Succession of Taylor
Supreme Court of Louisiana
APPEAL from the Civil District Court, parish of Orleans. J. Monroe, First — The State is sovereign in so far as she has not parted with her attributes of sovereignty to the Federal government.
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APPEAL from the Civil District Court, parish of Orleans. J. Monroe, First — The State is sovereign in so far as she has not parted with her attributes of sovereignty to the Federal government. Second — -In a monarchy the exemption of the sovereign from the operation of statutes in which he is not named is founded on prerogative. 1 Watts (Pa.) 54; 2 Blackstone, 400. Third — The prerogative is a principle of our government and a part of the law of the land, Ib.; 19 mil. 239. Eourth — The people of the State, being the sovereign, have succeeded to the rights, of the King, the former sovereign. 4…
1Opinion of the Court
The opinion of the Court was delivered by
Levy, J.
The question presented for our decision, in this appeal is: can the State be required to furnish security for costs in a suit instituted by herself, in her own courts, on the demand, to that effect, by the defendant ?
The State of Louisiana instituted this suit against the Succession of Richard Taylor, the object sought being the rescission of a contract of lease of the New Canal.
Defendant obtained a rule on the State to show cause why the State should not give security for costs. The rule was made absolute; the *1272State refused to furnish the…
2Cases cited3 opinions
- The United States v. BarkerSupreme Court of the United States · 1817
- The AntelopeSupreme Court of the United States · 1827
- Trustees of Schools v. WaltersIllinois Supreme Court · 1850
3Cited by4 opinions
- State ex rel. Cunningham v. LazarusSupreme Court of Louisiana · 1888
- State Ex Rel. Com'rs of the Land Office v. JohnsonSupreme Court of Oklahoma · 1933
- State v. Southern States Alcohol Mfg. Co.Supreme Court of Louisiana · 1914
- Natalbany Lumber Co. v. Louisiana Tax CommissionSupreme Court of Louisiana · 1932