Legal Opinion

Swayze v. City of Monroe

Supreme Court of Louisiana

Decided March 26, 1906No. 15,892PublishedCited by 4 opinions

Appeal from Sixth Judicial District Court, Parish of Ouachita; Luther Egbert Hall, Judge. Action by M. D. Swayze against the city of Monroe and others. Judgment for plaintiff, and defendants appeal.

1Opinion of the CourtBreaux, C. J.

The right claimed by plaintiff to employ the services of the Cumberland Telephone Company gives rise to the issues before us for decision.

Plaintiff slaughters animals and sells the meat in the public market of the city of Monroe.

He is a lessee of one of the stalls of the market, and pays a rental therefor of $2.50 a day.

The testimony shows that he is a taxpayer. He sues in both capacities; that is, as a tenant of one of the stalls and as a taxpayer.

The market house, a stall of which is occupied by him, was erected with public funds, and is the property of the city of- Monroe.

Eor the greater…

2Cases cited2 opinions

  1. Succession of JourneSupreme Court of Louisiana · 1869
  2. Barthel v. City of New OrleansSupreme Court of Louisiana · 1874

3Cited by4 opinions

  1. Nelson v. DelongSupreme Court of Minnesota · 1942
  2. State ex rel. Board of Liquidation of City Debt v. BriedeSupreme Court of Louisiana · 1906
  3. Chapman v. BurkeLouisiana Court of Appeal · 1933
  4. Hall v. Zion Traveler's Second Baptist ChurchLouisiana Court of Appeal · 1920

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