Town of Kenner v. Zito

Citations

• 13 Tiess. 465

Syllabus

<p>Syllabus.</p> <p>On Motion To Dismiss.</p> <p>Under Act 173 of 1902, p. 327, the Town of Kenner, as a municipal corporation, is not required to furnish any bond of appeal in any judicial proceeding instituted by it.</p> <p>Syllabus.</p> <p>On The Merits.</p> <p>1. The word “Park” appearing upon the recorded plat of a sub-division means' primarily a public and not a private .park to the same degree that the word street under like circumstances signifies a public thoroughfare and not a private way.</p> <p>2. In determining whether or not an intention to dedicate to the public is manifested by the owner of the property, the words, phrases and titles appearing upon a plat of a subdivision are to be considered as a whole and in their ordinary meaning and not in the latent, peculiar or special sense in which the owner says he employed them.</p> <p>3. The acts of an owner in making and recording a plat of his property sub-dividing it into lots, squares and what are apparently public streets and parks and in thereafter selling the lots to the public on the basis of said plat, constitute in themselves an immediate and irrevocable'dedication of such streets and parks to the public, no act of acceptance of the dedication, formal or otherwise, by or on behalf of the public or municipality, being required.</p> <p>4. An appellate Court cannot review the judgment as between co-appellees. , •</p>