Town of Donaldsonville v. Police Jury of Ascension Parish
Citations
- 113 La. 16
- 36 So. 873
- 1904 La. LEXIS 607
Syllabus
<p>CITIES — INJUNCTION—COLLECTION OE TAX — EXEMPTIONS — PLEADING.</p> <p>1. A municipal corporation has no power to sue out an injunction to prevent the collection of a tax claimed by the police jury of the parish from one of the residents of the town on property situated within the limits of the town.</p> <p>2. If the property owners of the town are exempt, it is incumbent upon them to plead the exemption, for the exemption is a personal right, which must be invoked by the taxpayers themselves.</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.
- concluding Minn. Stat. § 604.18, which imposes similar pleading requirements for adding claims of bad-faith denial of insurance benefits, conflicts with Fed. R. Civ. P. 8 and 15
- “[B]ad faith arises only when the insurer has no ‘reasonable basis’ for its construction of the policy.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Breaux
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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