Botts v. City of New Orleans
Cases that cite this one
1 later published case cites this decision.
- McIntyre v. Sovereign Camp of the Woodmen of the World (La. Ct. App. 1930)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This case presents the same question which was decided in the case of the City of New Orleans v. Cochran, Bullard & Co., 8 A. R. p. 368, in which it was held that the summary mode of proceeding against delinquent tax payers by advertisement in lieu of citation as provided by the Act of 1862, No. 71, Sec, 35, applied only to the collection of taxes assessed subsequent to the passage of the Act, The plaintiff without being cited, was condemned to pay a tax levied before the Act was passed and sues to annul the judgment, on the ground that neither petition nor citation was served on him.
The judgment for that reason must be annulled.
It is therefore ordered, adjudged and decreed, that the judgment of the court below be reversed, that the judgment in favor of the defendants against the plaintiff, the execution of which is enjoined be rescinded and annulled, and the injunction rendered perpetual, the defendants to pay the costs in both courts.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.