S. D. Moody & Co. v. Spotorno
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; Walter Byers Sommerville, Judge. Action by S. D. Moody & Co., Limited, against Louis Spotorno. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtProvosty, J.
This is a suit for the recovery of the defendant’s share in the cost of the construction of a sidewalk along the street on which his property fronts, in accordance with a contract made by the plaintiff to that effect with the city of New Orleans.
The first defense is that the amount is sought to be recovered of the defendant as a tax upon his property, and that the tax is unconstitutional because the defendant’s property received no benefit from the improvement; in fact, that the 'amount demanded exceeds the amount of the property. This court is now thoroughly committed to the doctrine that…
2Cases cited3 opinions
- Chadwick v. KelleySupreme Court of the United States · 1903
- Kelly v. ChadwickSupreme Court of Louisiana · 1900
- State v. Rosenstream, Weiss & Co.Supreme Court of Louisiana · 1900
3Cited by14 opinions
- City of Shreveport v. ChatwinSupreme Court of Louisiana · 1916
- Atlantic Coast Line Railroad v. City of Winter HavenSupreme Court of Florida · 1933
- State Farm Mut. Automobile Ins. Co. v. OttSupreme Court of Louisiana · 1952
- Monongahela River Consol. Coal & Coke Co. v. Board of AssessorsSupreme Court of Louisiana · 1905
- Town of Minden v. GlassSupreme Court of Louisiana · 1913
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