Parish of Caddo v. Parish of De Soto

Citations

• 114 La. 366
• 38 So. 273
• 1905 La. LEXIS 469

Syllabus

<p>PARISHES — BOUNDARIES — VENUE OP ACTION-PROCEDURE.</p> <p>1. The fixing of parish boundary lines is a legislative function; but where the Legislature has passed a statute for that purpose, and a dispute arises between two parishes as to which of two lines the statute has intended to adopt, the matter involved is the interpretation of a statute — a clearly judicial function — and the courts have jurisdiction of the controversy.</p> <p>2. Boundary actions do not come under the rule according to which a defendant must be sued in the court of his domicile, but are required to be brought in the court within whose jurisdiction the property sought to be bounded is situated; hence a suit in boundary between two parishes may be brought in either parish, and the plaintiff parish may institute the suit in the court of her own domicile.</p> <p>3. The Legislature having prescribed a mode of proceeding for the fixing of uncertain parish lines, that mode must be followed and exhausted before recourse can be had to the courts.</p> <p>(Syllabus by the Court.)</p>