Orient Ins. v. Board of Assessors

Citations

• 124 La. 872
• 50 So. 778
• 1909 La. LEXIS 558

Syllabus

<p>1. Taxation (§ 253*) — Statutes — Modification of Revenue Law.</p> <p>Acts Í908, p. 230, No. 170, providing that notes and indebtedness and all evidence of indebtedness shall be taxable only at tbe situs and domicile of the holder or owner thereof, is not an interpretation, but a modification of the revenue law, having no retroactive effect.</p> <p>2. Taxation (§ 499*) — Assessments—Suit for Reduction — Limitations—Stay by Agreement — Prescription.</p> <p>The operation of Revenue Law (Acts 1S98, p. 360, No. 170) § 26, prescribing the time within which action shall he brought to test the correctness of an assessment, cannot be stayed by agreement by the assessors and tax collectors with tax debtors to await the result of pending suits.</p> <p>3. Taxation (§ 499*) — Correction of Assessment-Operation and Effect of Statute.</p> <p>Though assessments are grossly excessive, and the taxpayer made a correct return, courts can give no relief; action not being brought in the time prescribed by statute.</p> <p>4.Taxation (§ 347*)— Assessments — Excessiveness — Annulment in Toto.</p> <p>An assessment being intended, as such, and being such in fact, though grossly excessive, six times as large as it ought to be, is not absolutely null, on the ground of its being the result, not of exercise of judgment by the assessors as required by law, but merely of guessivork and caprice.</p> <p>Breaux, C. J., and Monroe, J., dissenting.</p>