Legal Opinion

State ex rel. Reynolds & Henry Construction Co. v. O'Kelly

Supreme Court of Louisiana

Decided November 19, 1895No. 11,957PublishedCited by 4 opinions

APPEAL from the Fifth Judicial District Court for the Parish of Ouachita. Potts, J. In Reynolds & Henry Construction Company vs. the Mayor and Council of the city of Monroe, reported in 47 An. 1289, this court affirmed the judgment of the lower court, which had decreed that relators (the Reynolds & Henry Construction Company) were entitled to a tax upon all the taxable property situated within the corporate limits of the city of Monroe, to be levied on the assessment roll of…

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APPEAL from the Fifth Judicial District Court for the Parish of Ouachita. Potts, J. In Reynolds & Henry Construction Company vs. the Mayor and Council of the city of Monroe, reported in 47 An. 1289, this court affirmed the judgment of the lower court, which had decreed that relators (the Reynolds & Henry Construction Company) were entitled to a tax upon all the taxable property situated within the corporate limits of the city of Monroe, to be levied on the assessment roll of 1889, with the following amendment: * * * u £fje judgment appealed from be amended so as to order an assessment of a…

1Opinion of the Court

The opinion of the court was delivered by

Nxcholls, C. J.

The first feature of the proceedings below which is to be observed is that they are not original, extra-judicial proceedings, but proceedings taken in the matter of the execution o a final judgment of this court rendered in the matter of a mandamus ordered. Art. 629 of the Code of Practice declares that it is for the court, whether appellate or inferior, which has rendered the judgment to take cognizance of the manner of its execution when the proper manner of executing it is to be determined. It is unquestionably our duty to se,e that…

2Cited by4 opinions

  1. Meyer v. Board of Trustees of Firemen's Pension & Relief Fund for City of New OrleansSupreme Court of Louisiana · 1942
  2. Pettit v. PennLouisiana Court of Appeal · 1966
  3. Lynch v. Board of Trustees of Fireman's Pension & Relief FundSupreme Court of Louisiana · 1906
  4. State Ex Rel. Rathe v. Jefferson Parish School BoardSupreme Court of Louisiana · 1943

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