State ex rel. Posey v. Board of Assessors
Citations
- 113 La. 925
- 37 So. 878
- 1904 La. LEXIS 717
Syllabus
<p>APPEAL — DISMISSAL—JURISDICTIONAL AMOUNT —MANDAMUS—WHEN GRANTED-MINISTERIAL DUTY.</p> <p>1. Appeal dismissed on suggestion that the amount in dispute is below the jurisdiction of the court.</p> <p>On Rehearing.</p> <p>2. The function of the writ of mandamus is to compel the performance of a plain ministerial duty. It is not the plain ministerial duty of the board of assessors to assess a tract of land as belonging to an individual, and as having a certain measurement and a certain boundary, when the title exhibited by him fails to show that he owns any property answering such description.</p> <p>(Syllabus by the Court.)</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that while the plaintiff has conceded that her action has no common benefit, “this factor favors Defendant, but it carries little weight in the Court’s analysis” (citation omitted)
- awarding as reasonable in Connecticut rate of $425 per hour for partner with 21 years of ERISA litigation experience, down from requested $700 per hour
- although “a large insurance company has the ability to pay, this factor does not weigh heavily in the Court’s analysis”
- “The Court has now confirmed that Plaintiff has achieved ‘some degree of success of the merits’ and that three of the five Chambless factors also support awarding attorney’s fees to Plaintiff. Accordingly, Plaintiff has shown that she should be entitled to attorney’s fees.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Monroe, Provosty
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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