Lancaster v. Police Jury
District Court, W.D. Louisiana
In Equity. Ancillary bill by J. E. Lancaster and another, receivers -of the Texas & Pacific Railway Company against the Police Jury, Parish of Avoyelles, and others, filed in the receivership proceedings of B. E. Bush, receiver of the St. Louis, Iron Mountain & Southern Railway Company, against the Texas & Pacific Railway Company. This is an application for an injunction to prevent the levy and collection of certain road taxes.
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In Equity. Ancillary bill by J. E. Lancaster and another, receivers -of the Texas & Pacific Railway Company against the Police Jury, Parish of Avoyelles, and others, filed in the receivership proceedings of B. E. Bush, receiver of the St. Louis, Iron Mountain & Southern Railway Company, against the Texas & Pacific Railway Company. This is an application for an injunction to prevent the levy and collection of certain road taxes. Article 232 of the Constitution of Louisiana of; 1898 vests authority in any parish, municipal corporation (Orleans excepted), ward, or school district to levy a…
1Opinion of the CourtFoster, District Judge
(after stating the facts as above). The defendants, in the form of pleas and demurrers, long since abolished by the equity rules, raise various preliminary objections, to wit, multifariousness, misjoinder, the prescription of 60 days created by the Louisiana statutes, want of jurisdiction ratione materia and ratione personae, and that the plaintiffs have an adequate remedy at law. None of the objections are pleaded in the answers or by motion to dismiss, and all of them might be overruled without further comment. Nevertheless, though inartiñcially presented, in order to decide the issues…
2Cases cited10 opinions
- Davidson v. New OrleansSupreme Court of the United States · 1878
- McMillen v. AndersonSupreme Court of the United States · 1877
- Tyler v. SavageSupreme Court of the United States · 1892
- Crow v. Board of Sup'rs of Road Dist. No. 19, Parish of NatchitochesSupreme Court of Louisiana · 1917
- Lebeau v. Police Jury of Pointe Coupee ParishSupreme Court of Louisiana · 1916
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3Cited by2 opinions
- Ex Parte CollinsSupreme Court of the United States · 1928
- Lancaster v. Police JuryDistrict Court, W.D. Louisiana · 1917