Lomax v. Phillips

Citations

• 113 La. 850
• 37 So. 777
• 68 L.R.A. 661
• 1905 La. LEXIS 782

Syllabus

<p>TRESPASS — TITLE TO MAINTAIN — DESTRUCTION OP BUILDING.</p> <p>1. Plaintiffs, residents of “Walnut Creek neighborhood,” sued defendant for individual damages to themselves by reason of his having maliciously taken down and removed a certain small building. The building had been built by individual contributions of money for the use and benefit of the “people of that neighborhood,” in order that a private school could be taught when subscriptions for that purpose could, from time to time, be raised. Plaintiffs’ pleadings admitted that the title of the building was vested exclusively in “the people of Walnut Creek neighborhood.” Their petition contained no allegations showing special individual injury to themselves. The district court, under the prayer of plaintiffs’ petition, ordered the defendant to restore the building; and, on failure so to do, it contingently gave judgment in plaintiffs’ favor individually against him for a certain sum, fixed as the value of the building. The judgment was erroneous. It was properly reversed by the Court of Appeal, which court sustained defendant’s exception of no cause of action and dismissed the suit.</p> <p>(Syllabus by the Court.)</p>