Kaill v. Board of Directors
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the.United States for the Western District of Louisiana. Mandamus proceedings by Henry G. Kaill against the Board of Directors of St. Landry Parish, La., and others. Judgment for defendants, and plaintiff brings error.
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In Error to the Circuit Court of the.United States for the Western District of Louisiana. Mandamus proceedings by Henry G. Kaill against the Board of Directors of St. Landry Parish, La., and others. Judgment for defendants, and plaintiff brings error. In this case Henry G. Kaill, the plaintiff in error, hereinafter called plaintiff, sued out an alternative writ of mandamus against the parish board of directors of the parish of St. Landry, the individual members thereof and its officers, defendants in error, the said parish board of directors of the parish of St. Landry being hereinafter…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts as above). [1] Neither the original nor amended answer was sufficient, nor do the agreed facts shown by the evidence warrant the judgment of dismissal of plaintiff’s petition. All questions of the indebtedness of the defendant to the plaintiff and the validity thereof are settled by the judgment. The question was before this court on very similar facts in Mayor, etc., of City of New Orleans v. U. S. ex rel. Stewart, 49 Fed. 40, 1 C. C. A. 148, and Judge Locke, for the court, said;
“The question as to whether the debt for the collection of which a mandamus was prayed…
2Cases cited5 opinions
- United States v. New OrleansSupreme Court of the United States · 1879
- Mayor v. United States ex rel. StewartCourt of Appeals for the Fifth Circuit · 1891
- Monaghan v. City of PhiladelphiaSupreme Court of Pennsylvania · 1857
- New Orleans Board of Liquidation v. HartSupreme Court of the United States · 1886
- Hart v. City of New OrleansU.S. Circuit Court for the District of Eastern Louisiana · 1882
3Cited by3 opinions
- State Ex Rel. State Land Board v. BlakeUtah Supreme Court · 1933
- City of Wheeling v. John F. Casey Co.Court of Appeals for the Fourth Circuit · 1937
- KRAMER v. STATE Ex MOOREOhio Court of Appeals · 1933