City of New Orleans v. Fredericks

Citations

• 107 La. 496

Syllabus

<p>Syllabus.</p> <p>On Motion to Dismiss Appeal.</p> <p>Where, in an action for the recovery of real estate, the defendant, by his answer, denies the asserted right of the plaintiff, and, in the course of the trial, exhibits a title in himself, and at the same time disclaims title in the land, but insists upon his ownership of the buildings situated thereon, and there is judgment rejecting plaintiff’s demand and recognizing defendant as the owner of the buildings, the value of the land is not thereby eliminated for the purposes of appeal, and a motion to dismiss, predicated upon that theory, will not prevail.</p> <p>On the Meeits.</p> <p>It is inadmissible that a political corporation exercising governmental functions should be dispossessed, by means of a tax suit against an individual, of a public work, not upon private property, constructed at the common expense, for the protection of the lives and property of its citizens. And it is a matter of no importance for the purposes of such a question whether, as between such corporation and other governmental authority, such work has, or has not, been properly located.</p>