Opinion

Merchants' Mutual Insurance v. Board of Assessors

  • 40 La. Ann. 371
Court
Supreme Court of Louisiana
Filed
Mar 15, 1888
Status
Published
Author
Todd
On the bench
Bermudez, Todd
Cited by
5 cases
Authority
More cited than 78.3%

The opinion

On Motion to Dismiss.

The opinion of the Court was delivered by

Todd, J.

This is a suit for the reduction of assessment on the property described in the petition.

The city of New Orleans, the State Tax Collector and the Board of Assessments were made defendants.

There was judgment in favor of the plaintiff, from whicli the defendants appealed.

The motion to dismiss the appeal is, substantially, on the ground that there is no bond of appeal filed and none required by the order of appeal.

It is evident that the real and only parties in interest in this litigation are the plaintiff and the State and city of New Orleans. The Tax Collector is a State official and the Board of Assessors a State functionary. Neither the State nor the city of New Orleans are required to give an appeal bond; they are expressly exempted from any such requirement, and as the defendants are representatives of one or the other, there is no significance whatever in the omission of such bond.

The motion is, therefore, denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.