Rosetta Gravel Paving & Improvement Co. v. Adler

Citations

• 52 La. Ann. 689

Syllabus

<p>Syllabus.</p> <p>1st. The right to file a transcript oí appeal within three judicial days following- the legal return day, has become a rule of practice acknowledged by the jurisprudence of the State which the Supreme Court will not disturb.</p> <p>2nd. Where an appeal is brought before the Supreme Court from a judgment upon a claim below its general appellate jurisdiction on the ground that the action involved a contestation in the trial court of the plaintiff’s claim as being an illegal or unconstitutional tax, that fact must affirmatively appear in the pleadings, or it will be dismissed.</p> <p>On Rehearing.</p> <p>Unless the question of the constitutionality or legality, vel non, of a paving tax is involved in the controversy as it presents itself here, the court has no jurisdiction where the amount in dispute is less than two thousand dollars— differentiating City of Shreveport vs. Prescott et als., 51st La. Ann., 1895.</p>