Louisiana Ry. & Navigation Co. v. Mayor of Coushatta

Citations

• 122 La. 1079
• 48 So. 532
• 1909 La. LEXIS 641

Syllabus

<p>1. Railkoads (§ 34*) — MANDAMUS (§ 143*)— Public Aid — Unseasonable Delay.</p> <p>As the taxes herein referred to have not been transferred or assigned to the plaintiff company, it has no right of action upon the same. Mandamus should not issue when there has been unreasonable delay in applying for it, especially where the rights of third parties will he prejudiced by the delay.</p> <p>[Ed. Note. — For other cases, see Railroads, Dec. Dig. § 34 ;* Mandamus, Cent. Dig. § 285; Dec. Dig. § 143.*]</p> <p>■2. Mandamus (§ 143*) — Delay.</p> <p>When the taxpayers of a town have voted that all the property in the town shall (in aid of the construction of a railroad) be taxed during specified years at five mills on the dollar ■upon the assessments of those years, and the beneficiary of the taxes takes no steps to compel the town authorities to levy, assess, and collect the same, until years after the taxes should have been levied, assessed, and collected, the court will not order mandamus to issue in aid of the levying, assessing, and collection of the taxes.</p> <p>[Ed. Note. — For other cases, see Mandamus, Cent. Dig. § 285; Dec. Dig. § 143.*]</p> <p>(Syllabus by the Court.)</p>