Legal Opinion

State ex rel. Benedict v. City of New Orleans

Supreme Court of Louisiana

Decided November 30, 1903No. 14,676PublishedCited by 7 opinions

Appeal from Civil District Court, Parish of Orleans; Thomas C. W. Ellis, Judge. Application by the state, on the relation of W. S. Benedict, for a writ of mandamus to the city of New Orleans. Judgment for defendant, and relator appeals.

1Opinion of the CourtProvosty, J.

By Act No. 5 of 1870, creditors of the city of New Orleans are denied all remedy for the enforcement of their moneyed judgments against the city, except that provided for in the act itself, namely, that the creditor may register his judgment in the office of the comptroller or other auditing officer of the city, and that when the judgment • is so registered “it shall be the duty of the comptroller to warrant on the treasurer or disbursing officer of the corporation for the amount due thereon with.out any special appropriation of money therefor by the common council; provided, always, that…

2Cases cited6 opinions

  1. East St. Louis & Treasurer of East St. Louis v. United States Ex Rel. ZebleySupreme Court of the United States · 1884
  2. Moore v. City of New OrleansSupreme Court of Louisiana · 1880
  3. State ex rel. Marchand v. City of New OrleansSupreme Court of Louisiana · 1885
  4. Saloy v. City of New OrleansSupreme Court of Louisiana · 1881
  5. State ex rel. Carondelet Canal & Navigating Co. v. Mayor of New OrleansSupreme Court of Louisiana · 1878

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3Cited by7 opinions

  1. Dantoni v. Board of Levee Commissioners of Orleans Levee DistrictSupreme Court of Louisiana · 1955
  2. State ex rel. Lorenz v. City CouncilSupreme Court of Louisiana · 1906
  3. Wilson v. County Court of Clay CountyWest Virginia Supreme Court · 1934
  4. City of Gretna v. Parish of JeffersonSupreme Court of Louisiana · 1926
  5. State ex rel. Hubert v. Mayor of New OrleansSupreme Court of Louisiana · 1907

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