78 So. 660 | La. | 1918
Rehearing
On Rehearing.
The facts in this case being similar to_, and the legal principles applicable thereto being identical with, those governing the case of Tremont Lumber Co. v. A. H. May, Assessor, et al., 78 South. 6501 (No. 22772) this day decided, the reasons given for that judgment are assigned for this; and it is therefore now ordered and decreed that the judgment appealed from be annulled, in so far as it maintains the plea of prescription herein filed and dismisses this suit, and in so far as it condemns plaintiff to pay all penalties provided by existing laws and 10 per cent, attorney’s fees.
It is further decreed that the case be remanded
It is further decreed that, in so far as said judgment dissolves the injunction herein issued, it be affirmed, without prejudice, however, to the right of plaintiff to obtain such injunction as it may be entitled to, upon its complying with the law, and particularly with the requirements of section 56 of act 170 of 1808.
It is further decreed that the costs of this appeal be paid by plaintiff, and that those of the district court await the result of the trial.
Lead Opinion
This case presents the same issues precisely as that of Tremont Lumber Co. v. Same Defendants, 78 South. 650,
For the reasons there assigned, the judgment appealed from is therefore affirmed except in the matter of the attorney’s fees, as to which it is remanded for further trial, with instructions that judgment be rendered against the plaintiff in favor of the defendants for 10 per cent, attorney’s fees, upon the basis of the contested part of the taxes and penalties herein, and, in the event the tender made by plaintiff to the tax collector was on the condition that a receipt in full should be given, or was made otherwise than unconditionally, then that judgment be also rendered for such attorney’s fees upon the basis of the uncontested part of said taxes and penalties; and that the plaintiff pay all the costs of this suit.
Ante, p. 389.