Patterson v. City of De Ridder

103 So. 2d 68, 235 La. 140, 1958 La. LEXIS 1188
CourtSupreme Court of Louisiana
DecidedMay 26, 1958
DocketNo. 43973
StatusPublished
Cited by6 cases

This text of 103 So. 2d 68 (Patterson v. City of De Ridder) 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
Patterson v. City of De Ridder, 103 So. 2d 68, 235 La. 140, 1958 La. LEXIS 1188 (La. 1958).

Opinion

FOURNET, Chief Justice.

The plaintiff, Nye Patterson, a duly qualified voter and property owner of DeRidder, Louisiana, is appealing from a judgment dismissing, on defendant’s exception of no cause of action, his suit attacking the legality of a special election held in that city on August 27, 1957, under a call issued by the City Council on July 8, 1957, as well as the promulgation of the results of that election on August 29, 1957, wherein the property owners purportedly authorized, in sufficient numbers and assessed valuation, (1) the City of DeRidder to issue (a) revenue bonds totalling $660,000 for the purpose of improving and extending the city’s waterworks system; (b) ad valorem tax bonds totalling $450,000 to construct sewers and sewerage disposal works, and (c) ad valorem tax bonds totalling $40,000 to purchase or construct fire department stations and equipment; and (2) the Sewerage District No. 1 of the City of DeRidder,1 to issue ad valorem tax bonds totalling $350,000 for the construction of sewer and sewerage disposal works.

While the petition in the case is somewhat lengthy and inartistically drawn, the allegations thereof were fairly summarized by counsel in appellant’s brief as follows:2

“1. That voting was allowed at only one polling place in the entire area of the City of DeRidder when as a fact by law there are five precincts and polling places recognized by law within the area of the City of DeRidder, and that their action in naming only one polling place resulted in not giving the voters of the City of DeRidder a proper and legal chance to cast their ballot.3
“2. That only one group of commissioners was appointed by the city authorities and for only one polling place when as a fact there should have been five groups of commissioners for the said election.
“3. That sufficient illegal votes were cast to change the result of the election in that wives were allowed to vote one-half of their community property which was not assessed to them and when as a fact the law allows only the husband to vote community property.
“4. That the proper procedure as to casting the ballots was not followed in that each party was allowed to place his ballot in the box instead of folding it and passing it to one of the commissioners as required by law.
[70]*70“5. That the amounts purported to be voted did as a fact exceed the legal limit of indebtedness that the Constitution of the State of Louisiana allows a municipality to incur or more specifically that it exceeds 10 per cent of the assessed valuation of taxable property within the limits of the City of DeRidder.
“6. That the polls were allowed to remain open until eight o’olock in the evening when as a fact they are required by law to be closed at six o’clock.
“7. That unauthorized persons were allowed to seat themselves in the room where voting was held and to take a list of the persons voting and to question them as to their names as they entered when the law prevents such action within polling places upon election day.”

The trial judge, in a well considered opinion, while recognizing that the well pleaded facts must be accepted as true for purposes of disposing of the exception filed by the defendant city and district (Roy O. Martin Lumber Co. v. Saint Denis Securities Co., 225 La. 51, 72 So.2d 257; Ane v. Ane, 225 La. 222, 72 So.2d 485; Amato v. Latter & Blum, Inc., 227 La. 537, 79 So.2d 873), concluded that whether the grounds on which the legality of the election are challenged are considered together or taken separately, the exception must be maintained under the well established jurisprudence to the effect that a special tax election will not be annulled for infor-malities or irregularities where fraud, corruption, and force are not charged and there are no allegations predicated upon particularized specifications of fact evidencing that, by reason of such informalities and irregularities, the people were deprived of votes sufficient in number and amount to have changed the result of the election. See, Bradford v. Grant Parish School Board, 154 La. 242, 97 So. 430; Heine v. Jefferson Davis Parish Police Jury, 172 La. 889, 135 So. 667; McCann v. Mayor and Councilmen, 173 La. 1063, 139 So. 481; Woulfe v. Morrison, 212 La. 1032, 34 So.2d 251; Blanchard v. Iberville Parish School Board, 218 La. 784, 51 So.2d 70; Daigle v. Mayor and Board of Aldermen, 222 La. 556, 62 So.2d 833; Duncan v. Vernon Parish School Board, 226 La. 379, 76 So.2d 403; Dowling v. Orleans Parish Democratic Committee, 235 La. 62, 102 So.2d 755, No. 44,006 on our docket, the decree in which was handed down March 20, 1958, with the written reasons therefor being released April 21, 1958, and the authorities therein cited. The underlying basis for this rule is the court’s reluctance to nullify the will of a majority of the people where all have had a free and unimpeded opportunity to express their wishes at the polls.

Counsel apparently recognizes the petition as drawn is fatally defective for he asks that we order the case remanded to permit him to amend it prior to trial on the merits to include the following facts he apparently feels are essential to state a cause of action: (1) The location of the five legal precincts within the city and the number of persons qualified to vote in a bond election in each precinct; (2) the fact that this identical proposition was defeated by popular vote in a recent election where more than one polling place was furnished for the convenience of the people; (3) the population, size, and area of DeRidder; (4) the number of people actually voting in the election; (5) to ascertain and list, if possible, the names of the married women who voted half of the community property and the amounts so voted; and (6) the assessed valuation of taxable property within the city as well as the total bonded indebtedness.4

[71]*71While the court frowns on loosely drawn pleadings, we are, as the trial judge so aptly observed, reluctant to maintain exceptions that have the effect of dismissing a suit without a hearing on the merits unless the reason for so doing is clear and unmistakable, particularly where, as here, bonds totalling a million and a half dollars are involved. Consequently, under our modern trend of disregarding technicalities of pleading, in the interest of justice, and to prevent a multiplicity of suits, we have shown great leniency in permitting the amendment of pleadings to insure the party has his day in court where it is obvious the petitioner has a cause of action but has merely failed to allege sufficient well pleaded facts to bring the petition within the rules of proper pleading. This leniency is accorded, however, only when the amended and supplemental petition does not assert a different and distinct cause of action from the relief originally sought, change the substance of the demand, and the right of opposing parties to answer the petition as amended is protected. See, Reeves v. Globe Indemnity Co., 185 La. 42, 168 So. 488; Seale v. Stephens, 210 La. 1068, 29 So.2d 65; Sharp v. Sharp, 228 La. 89, 81 So.2d 820; Messersmith v. Mes-sersmith, 229 La. 495, 86 So.2d 169; Breaux v. Laird, 230 La. 221, 88 So.2d 33. See, also, Dowling v. Orleans Parish Democratic Committee, 235 La. 62, 102 So.2d 755, No. 44,006 on our docket.

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Bluebook (online)
103 So. 2d 68, 235 La. 140, 1958 La. LEXIS 1188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patterson-v-city-of-de-ridder-la-1958.