Dusenbury v. Madere

Supreme Court of Louisiana
Dusenbury v. Madere, 130 La. 948 (La. 1912)
58 So. 825; 1912 La. LEXIS 966
Proyostx

Dusenbury v. Madere

Opinion of the Court

PROYOSTX, J.

The assessor having failed to extend upon his assessment roll the acreage tax levied by the board of commissioners of the Lafourche Basin levee district, the sheriff did so upon the roll filed in his office, and sought to enforce payment thereof by sale of plaintiff’s property, when plaintiff brought the present suit to enjoin the sale.

Manifestly the sheriff cannot complete or supplement an assessment roll in this manner. The function of making or supplementing the assessment appertains strictly to the assessor. The respective duties and powers of these officers are specifically prescribed by law, and nowhere is the sheriff empowered to supplement or correct the assessment roll. The judgment appealed from is set aside, and the injunction herein is perpetuated, at the cost of the defendant.

Reference

Full Case Name
DUSENBURY v. MADERE, Sheriff
Cited By
1 case
Status
Published
Syllabus
(Syllabus by Editorial Staff.) Taxation (§ 410*) — Assessment Roll — Extension. The function of making or supplementing the assessment appertains strictly to the assessor, and the extension of an acreage tax upon the assessment roll by the sheriff, upon the assessor’s failure to make such extension, was unauthorized. [Ed. Note. — For other cases, see Taxation, Cent. Dig. § 676; Dec. Dig. § 410.*]