Legal Opinion

New Orleans Waterworks Co. v. Louisiana

Supreme Court of the United States

Decided May 5, 1902No. 590PublishedCited by 53 opinions

ERROR TO THE SUPREME COURT OP THE STATE OF LOUISIANA. This is a proceeding in the nature of a quo 'warranto, brought by the attorney general of the State of Louisiana, in the name of the State, to obtain a forfeiture of the charter of the .defendant, the waterworks company.

Read the full summary

ERROR TO THE SUPREME COURT OP THE STATE OF LOUISIANA. This is a proceeding in the nature of a quo 'warranto, brought by the attorney general of the State of Louisiana, in the name of the State, to obtain a forfeiture of the charter of the .defendant, the waterworks company. Upon the trial there was judgment in favor of the company, but upon appeal to the Supreme Court of the State that judgment was reversed, and judgment in favor of the State and against the company was entered, decreeing the forfeiture of the charter and of all the franchises heretofore conferred upon the defendant. The…

1Opinion of the CourtJustice Peckham

The defendant in error has made a motion to dismiss this writ of error on the ground of a lack of jurisdiction, because no Federal question is disclosed in the record.

The plaintiff in error, on the contrary, claims the existence in the record of several questions of a Federal character, and in the brief prepared to oppose this motion they are set forth as follows:

“(1) The charter of the waterworks company prescribing mandamus as the remedy to maintain a lawful tariff of water rates, is not the substitution by the writs of forfeiture of charter, as a remedy for the maintenance of unlawful…

2Cases cited18 opinions

  1. Den Ex Dem. Murray v. Hoboken Land & Improvement Co.Supreme Court of the United States · 1856
  2. Davidson v. New OrleansSupreme Court of the United States · 1878
  3. TERRETT & OTHERS v. Taylor & OthersSupreme Court of the United States · 1815
  4. New Orleans v. New Orleans Water Works Co.Supreme Court of the United States · 1891
  5. Mumma v. Potomac Co.Supreme Court of the United States · 1834

13 more not listed; retrieve them via the Exa API.

3Cited by53 opinions

  1. NORTHERN PACIFIC RAILWAY COMPANY v. STATE OF MINNESOTA Ex Rel. THE CITY OF DULUTHSupreme Court of the United States · 1908
  2. Consolidated Rendering Co. v. VermontSupreme Court of the United States · 1908
  3. Consolidated Turnpike Co. v. Norfolk & Ocean View Railway Co.Supreme Court of the United States · 1913
  4. New York Electric Lines Co. v. Empire City Subway Co.Supreme Court of the United States · 1914
  5. Equitable Life Assurance Society v. BrownSupreme Court of the United States · 1902

48 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API