Cobb v. McGuire

Louisiana Court of Appeal

Cobb v. McGuire

1 Gunby 38

DecidedJuly 1, 1885

StatusPublished

This text of 1 Gunby 38 (Cobb v. McGuire) 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

Cobb v. McGuire, 1 Gunby 38 (La. Ct. App. 1885).

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Opinion

Clinton, J.

Under Section 8 of Act 98 of 1882, four months time was given to delinquent taxpayers in which to confess judgment and settle their taxes, as therein provided, and the sheriff could not advertise the property during that time.

2. By Section 15 of said Act 98, all penalties, etc., due on taxes prior to January 1st, 1880, are remitted; this Section is not in conflict with the Constitution, which revived said penalties and placed them on the same footing as they were before the Constitution was adopted. The legislature, unlike Congress, which can do nothing which the Federal Constitution does not authorize, may do everything which the State Constitution does not prohibit. 9 R. 411; 12 An. 169.

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Clinton, J.

Under Section 8 of Act 98 of 1882, four months time was given to delinquent taxpayers in which to confess judgment and settle their taxes, as therein provided, and the sheriff could not advertise the property during that time.

2. By Section 15 of said Act 98, all penalties, etc., due on taxes prior to January 1st, 1880, are remitted; this Section is not in conflict with the Constitution, which revived said penalties and placed them on the same footing as they were before the Constitution was adopted. The legislature, unlike Congress, which can do nothing which the Federal Constitution does not authorize, may do everything which the State Constitution does not prohibit. 9 R. 411; 12 An. 169.

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Bluebook (online)

1 Gunby 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cobb-v-mcguire-lactapp-1885.