S. D. Moody & Co. v. Spotorno

Citations

• 112 La. 1008
• 36 So. 836
• 1904 La. LEXIS 503

Syllabus

<p>MUNICIPALITIES — PUBLIC IMPEOVEMENTS — ASSESSMENTS— ORDINANCE — ADOPTIVE PBOOE — APPEAL—JURISDICTION.</p> <p>1. This court is now thoroughly committed to the doctrine that the question of benefit vel non to particular property, included within a local assessment district because of its being similarly situated with all the other property of the district with reference to the work of public improvement for the cost of which the assessment is levied, is a legislative and not a judicial question.</p> <p>2. The certificate of the clerk of the city council that an ordinance has been adopted affords prima facie proof that the ordinance was regularly adopted.</p> <p>3. A denial that an assessment is properly apportioned raises a question of the legality of the assessment, and creates an issue of which this court has jurisdiction, without regard to amount in dispute.</p> <p>4. The cost of drain pipes and of filling in the construction of sidewalks must be apportioned according to the rule established in the Case of Watt, 26 South. 70, 51 La. Ann. 1345.</p> <p>5. One of the certificates sued on being an unintelligible jumble, the court remands the case, with leave to amend.</p> <p>(Syllabus by the Court.)</p>