Orleans-Kenner Electric Ry. Co. v. Metairie Ridge Nursery Co.
Supreme Court of Louisiana
Mandamus by the Metairie Ridge Nursery Company, Limited, to compel granting of a suspensive appeal to it in an expropriation suit against it by the Orleans-Kenner Electric Railway Company.
1Opinion of the CourtProvosty, J.
The matter now to be considered in this suit is an application to this court by the defendant for a mandamus to the trial judge to compel him to grant defendant a suspensive appeal.
The learned trial judge assigns as his reason for refusing the suspensive appeal that the suit is an expropriation suit and that in such suits a suspensive appeal is not allowed.
Defendant contends that, while this is true in general, it is not so where the right of the plaintiff to expropriate is contested, or where the right, to pass through a graveyard, or over ground occupied by a dwelling house or its…
Also in this document: Concurrence.
2Cases cited13 opinions
- Spring Valley Water Works v. San FranciscoCalifornia Supreme Court · 1863
- Curran v. Shattuck.California Supreme Court · 1864
- New Orleans Terminal Co. v. TellerSupreme Court of Louisiana · 1904
- Forbes v. DelashmuttSupreme Court of Iowa · 1885
- Remy v. Municipality Number TwoSupreme Court of Louisiana · 1857
8 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Tennessee Gas Transmission Co. v. Violet Trapping Co.Supreme Court of Louisiana · 1965
- State Ex Rel. Department of Highways v. BradfordSupreme Court of Louisiana · 1962
- State, Dept. of Highways v. Jeanerette Lumber & Shingle Co.Supreme Court of Louisiana · 1977
- Missouri Pacific RR Co. v. NicholsonLouisiana Court of Appeal · 1984
- Louisiana Power and Light Co. v. City of HoumaLouisiana Court of Appeal · 1969
28 more not listed; retrieve them via the Exa API.