State ex rel. Ellis v. Village of Pearl River

Citations

• 118 La. 1071
• 43 So. 815
• 1907 La. LEXIS 848

Syllabus

<p>Appeal — Dismissal — Jubisdictional Amount.</p> <p>This action is brought by four persons, who allege themselves to be residents of the place known as Pearl River and to be taxpayers therein. They seek to have the incorporation of the' village set aside on the ground that at the time of its incorporation it did not have the number of inhabitants which the law required in order to be legally entitled to iucorporation, that the census on which the incorporation was based was false and untrue, and that the Governor, -in acting upon it, did so in error of fact. The defense excepted that the Governor alone had power and authority to set aside his own action; that the courts were without jurisdiction in the premises. The exception was sustained, and the suit was dismissed, and the plaintiffs appealed.</p> <p>The appeal is dismissed, for the reason that the Supreme Court has no appellate jurisdiction of the cases. There is no allegation showing that either one of the plaintiffs, or all combined, had, as taxpayers, an interest sufficient to bring the case by appeal to the Supreme Court, nor what amount of taxes had gone or would go into the hands of the village authorities. The appeal as to jurisdiction is governed by the ordinary rules on that subject.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 3, Appeal and Error, § 2310.]</p> <p>(Syllabus by the Court.)</p>