Opinion

Richardson & Bass v. Board of Levee Commissioners

  • 231 La. 299
  • 91 So. 2d 353
Court
Supreme Court of Louisiana
Filed
Dec 17, 1956
Status
Published
On the bench
Simon, Hamiter, Hawthorne, McCaleb, Since
Cited by
13 cases

The opinion

On Amendment of Second Rehearing

PER CURIAM.

Our attention is directed to an inadvertent error contained in our decree delivered on November 5, 1956, which, however, in no wise affects the meaning or intent of our opinion. Nevertheless, we take cognizance thereof and summarily correct said error in order that our judgment may effect a correct distribution of the funds and moneys on deposit in the registry of the ■ Twenty-fifth Judicial District Court, Plaquemines Parish.

The inadvertent errors contained in said decree are as follows:

(a) Paragraph 1 of the decree refers to 4 wells designated as wells 4 — H, 6-H, 7-H and 14-H in Cox Bay Unit No. 2, whereas by stipulation signed by all counsel and filed in the record there were six wells which are designated as wells 4-H, 6-H, 7-H, 14-H, 44-H and 47-H in Cox Bay Unit No. 2;

(b) That the second paragraph provides for the payment to petitioner of %eths or %8ths of 55% of the funds deposited in the registry of the court, whereas the record reveals that the funds deposited in the registry of the 25th Judicial District Court represents %eths or %sths of 55% of the proceeds of the oil and gas produced from the six wells as aforesaid, and that consequently petitioner is entitled to be paid the entire amount deposited in the registry of the court.

Therefore, under our supervisory powers this PER CURIAM is issued to correct the said two afore-mentioned errors and to cause our decree to read as follows:

*359 It is further ordered that the Board of Commissioners of the Orleans Levee District recover 9ioths or 9isths of 55% of the proceeds of the oil and gas produced by Richardson & Bass (Louisiana Account) from the six wells designated as Wells No. 4-H, 6-Ií, 7-H, 14-Ii, 44-Ii and 47-II in Cox Bay Unit No. 2; and that the claim of Delta Development Co., Inc., for the recovery of a Vi8th of 55% of the proceeds of the oil and gas produced from these wells, be, and the same is hereby dismissed.

It is further ordered that the Board of Commissioners of the Orleans Levee District be paid the entire amount of the funds deposited in the registry of the court as representing %6ths or 94sths of 55% of the proceeds of the oil and gas produced from the said wells.

As thus amended, the original decree herein and the decree on first rehearing are reinstated as the judgment of this Court.

HAMITER, J., does not participate, having heretofore dissented.

McCALEB, J., not having subscribed to the decree on second rehearing, takes no part in its correction for alleged inadvertent errors.

HAWTHORNE, J. Since I do not subscribe to the decree rendered on second rehearing, I do not participate in this correction.

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.