In re the Board of Administrators Praying for Recognition of Mortgage & Recovery of Assessment in the Fourth Drainage District

Supreme Court of Louisiana

In re the Board of Administrators Praying for Recognition of Mortgage & Recovery of Assessment in the Fourth Drainage District

37 La. Ann. 916

CourtSupreme Court of Louisiana

DecidedMay 15, 1884

DocketNo. 9012

StatusPublished

Cited by2 cases

This text of 37 La. Ann. 916 (In re the Board of Administrators Praying for Recognition of Mortgage & Recovery of Assessment in the Fourth Drainage District) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Board of Administrators Praying for Recognition of Mortgage & Recovery of Assessment in the Fourth Drainage District, 37 La. Ann. 916 (La. 1884).

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Opinion

[917]*917The opinion of the Court was delivered by

Bermudez, C. J.

This is an action by John Crossley •& Sons, representing themselves to be warrant holders for a large amount to be paid out of drainage assessments, to revive the judgments herein rendered in February and March, 1873. They claim that they ha ve'sufflcient interest to authorize them to seek the revival, in as much as the City of New Orleans has declined doing so and that unless proper proceedings are had within the ten years following tlie rendition of the judgments, they will die away by the lapse of time.

The main defense set up is that the judgments sought to be revived are absolute nullities and cannot be given a force and effect, a life, which they never possessed.

Tlie District Judge in an elaborate opinion sustains that defense.

Tt is unnecessary to revive the jurisprudence which is well seated and which is, as contended, that a judgment which is an absolute nullity cannot be revived.

The judgments in questiou were decreed by this Court to be such nullities. The consequence is that they cannot be revived. 30 Ann., 303, 692; 33 Ann., 63; 34 Ann. 97; 35 Ann. 70.

Judgment affirmed.

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[917]*917The opinion of the Court was delivered by

Bermudez, C. J.

This is an action by John Crossley •& Sons, representing themselves to be warrant holders for a large amount to be paid out of drainage assessments, to revive the judgments herein rendered in February and March, 1873. They claim that they ha ve'sufflcient interest to authorize them to seek the revival, in as much as the City of New Orleans has declined doing so and that unless proper proceedings are had within the ten years following tlie rendition of the judgments, they will die away by the lapse of time.

The main defense set up is that the judgments sought to be revived are absolute nullities and cannot be given a force and effect, a life, which they never possessed.

Tlie District Judge in an elaborate opinion sustains that defense.

Tt is unnecessary to revive the jurisprudence which is well seated and which is, as contended, that a judgment which is an absolute nullity cannot be revived.

The judgments in questiou were decreed by this Court to be such nullities. The consequence is that they cannot be revived. 30 Ann., 303, 692; 33 Ann., 63; 34 Ann. 97; 35 Ann. 70.

Judgment affirmed.

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Bluebook (online)

37 La. Ann. 916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-board-of-administrators-praying-for-recognition-of-mortgage-la-1884.

Opinion

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