Dimmick v. Opelousas, G. & N. E. Ry. Co.

Citations

• 123 La. 123
• 48 So. 767
• 1909 La. LEXIS 684

Syllabus

<p>Action to Annul Tax Voted eor Railroad —As Election Contest — Limitations—Prescription.</p> <p>A suit to annul a tax levied in favor of a railroad, pursuant to an election held by the police jury for such purpose, which required the court to inquire into the election, and to .ascertain whether or not the tax received the vote of the majority of the qualified voters, thereby involving an inquiry into the question •who were the qualified voters, and how many votes were cast for the tax, was a suit contesting an election, even though the proclamation made by the police jury of the result of the election itself showed that the majority which the tax received was only of those voting at the election, and not of the total number of those qualified to vote, and, not being brought within three months after the proclamation, as required by Acts 1892, p. 140, No. 106, was barred.</p> <p>[Ed. Note. — For other cases, see Counties, Cent. Dig. § 308; Dec. Dig. § 196.*]</p>