Legal Opinion

State ex rel. Douglas v. Kennedy

Supreme Court of Louisiana

Decided May 11, 1908No. 16,992Published

Appeal from Civil District Court, Parish of Orleans; Fred Durieve King, Judge. Action by the state, on the relation of one Douglas, for a writ of mandamus to C. R. Kennedy, comptroller, and others. From a judgment making the writ peremptory, defendants appeal.

1Opinion

On the Merits.

The relator entered into a contract with the city of New Orleans in June, 1905, for repaving a part of Poydras street. Under the terms of the contract, the city’s portion of the cost of the work, represented by the usual certificates, was to be paid out of the reserve fund budget for the year 1907. The work was duly performed, and was accepted in May, 1906. The necessary certificates were issued to relator, amounting in principal to $55,002.90 and bearing 5 per cent, interest from date. In November, 1906, the city council adopted a budget of expenditures for the year 1907, and…

2Cases cited7 opinions

  1. Badger v. City of New OrleansSupreme Court of Louisiana · 1897
  2. State ex rel. Carondelet Canal & Navigating Co. v. Mayor of New OrleansSupreme Court of Louisiana · 1878
  3. State ex rel. Foy v. Mayor of New OrleansSupreme Court of Louisiana · 1897
  4. Shotwell v. City of New OrleansSupreme Court of Louisiana · 1884
  5. State ex rel. Carondelet Canal & Navigation Co. v. PilsburySupreme Court of Louisiana · 1878

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