Legal Opinion · Dissent

Roy O. Martin Lumber Co. v. Strange

Supreme Court of Louisiana

Decided March 17, 1958No. 43664Published

1DissentMcCALEB, Justice

The construction given by the majority to R.S. 9:171-178 has the effect, in my opinion, of rendering the statute unconstitutional — in that it deprives a non-resident' co-owner of property situated in this State,, who has made a personal appearance and' subjected himself to the jurisdiction of our courts, of the equal protection of our laws pertaining to partition and, therefore, is. violative of the Fourteenth Amendment to-*727the Constitution of the United States as well as Article 1, Section 2 of the State Constitution, guaranteeing that no one shall he deprived of his property without due…

2Cases cited1 opinion

  1. Herbert v. American Soc. of Composers, Authors & PublishersSupreme Court of Louisiana · 1946

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