Lawrence v. Second Municipality of New Orleans
Supreme Court of Louisiana
Appeal from the Parish Court of New Orleans, Maurian, J. The plaintiff alleges, that the defendants are indebted to him in the sum of $4100, with legal interest from 1st of December, 1836, for this, that said defendants did in or about that day take possession of a lot of ground belonging to him without any right so to do, converting it to their own and the public use, by making it part of a paved street called Roffignac street; “ so that said lot of ground is no longer the…
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Appeal from the Parish Court of New Orleans, Maurian, J. The plaintiff alleges, that the defendants are indebted to him in the sum of $4100, with legal interest from 1st of December, 1836, for this, that said defendants did in or about that day take possession of a lot of ground belonging to him without any right so to do, converting it to their own and the public use, by making it part of a paved street called Roffignac street; “ so that said lot of ground is no longer the property of petitioner, who has a right to be paid the price and value thereof, by said Municipality, which 'price at…
1Opinion of the CourtBullard, J.
In the case of Hullin and Richardson, Syndics of Barrett and Cannon v. The Second Municipality, (11 Rob. 97,) we held, that there was no implied contract on the port of the defendant, arising out of the inchoate proceedings to open Roffig-nac street, and the taking possession of the lots, to pay the sum sued for, as the price of the property, — but that, in our opinion, the plaintiffs might claim the property, or damages for the injury resulting from their having been deprived of it, and that none of the parties could claim any rights under those inchoate proceedings.
In the present case, the…
2Cases cited1 opinion
- Hullin v. Second Municipality of New OrleansSupreme Court of Louisiana · 1845
3Cited by1 opinion
- Buel v. New-York SteamerSupreme Court of Louisiana · 1841