Breaux v. Reeves

Louisiana Court of Appeal

Breaux v. Reeves

159 So. 618, 1935 La. App. LEXIS 168

CourtLouisiana Court of Appeal

DecidedMarch 4, 1935

DocketNo. 1435.

StatusPublished

This text of 159 So. 618 (Breaux v. Reeves) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Breaux v. Reeves, 159 So. 618, 1935 La. App. LEXIS 168 (La. Ct. App. 1935).

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Opinion

ELLIOTT, Judge.

In this ease the record shows a motion on the part of plaintiff, appellee, to dismiss the appeal on the ground the record does not disclose that the right claimed has a value exceeding $100.

The ground stated in the motion is good, but we prefer to ex officio dismiss the appeal on the ground that the only question in controversy is whether Joseph- S. Breaux had timely paid his poll tax for the year 1932. Since that time the Constitution of Louisiana adopted in 1921 has been amended in such a way that the right to vote no longer depends on the payment of a poll tax. Const. 1921, Art. 8, § 2, as amended in 1934. The result is, therefore, there is now no controversy before the court which the court can entertain.

It is therefore ordered that the appeal herein be dismissed at the cost of the appellant.

MOUTON, J., not participating.

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ELLIOTT, Judge.

In this ease the record shows a motion on the part of plaintiff, appellee, to dismiss the appeal on the ground the record does not disclose that the right claimed has a value exceeding $100.

The ground stated in the motion is good, but we prefer to ex officio dismiss the appeal on the ground that the only question in controversy is whether Joseph- S. Breaux had timely paid his poll tax for the year 1932. Since that time the Constitution of Louisiana adopted in 1921 has been amended in such a way that the right to vote no longer depends on the payment of a poll tax. Const. 1921, Art. 8, § 2, as amended in 1934. The result is, therefore, there is now no controversy before the court which the court can entertain.

It is therefore ordered that the appeal herein be dismissed at the cost of the appellant.

MOUTON, J., not participating.

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Bluebook (online)

159 So. 618, 1935 La. App. LEXIS 168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/breaux-v-reeves-lactapp-1935.