
    No. 5556.
    City of New Orleans v. Bank of Lafayette.
    The bank of Lafayette was organized since the adoption of the constitution of 1868. Article 118 of that instrument declares what property may be exempted from taxation. Any law which is in conflict with that article, whether passed before or after the adoption of the constitution is stricken with nullity thereby, unless the law created a contract with the other party, whose property is exempted before the adoption of the constitution.
    APPEAL from the Superior District Court, parish of Orleans. HawIcins, J.
    
      Samuel P. Plane, assistant city attorney, for plaintiff and appellee. Breaux, Fenner <& Hall, for defendant and appellant.
   Ludeling, C. J.

The defendant has appealed from a judgment condemning it to pay a tax on its capital stock. The bank claims exemption from the payment of municipal taxes, under the act of 1857, No. 192, which, it is contended, is not repealed by the Revised Statutes of 1870.

The bank was organized since the adoption of the constitution of 1868. Article 118' of that constitution declares what property the General Assembly may exempt from taxation; and the property of banks is not included in any of the classes enumerated. Any law which is in conflict with that article, whether passed before or after the adoption of the constitution, is stricken with nullity thereby, unless the law created a contract with the party whose property is exempted before the adoption of the constitution.

It is therefore ordered that the judgment be affirmed with costs of appeal.  