Legal Opinion

BOARD OF LIQUIDATION & Cv LOUISIANA

Supreme Court of the United States

Decided January 7, 1901No. 114, 119PublishedCited by 14 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF LOUISIANA. In 1890 the legislature of Louisiana enacted a law for the refunding or retirement of certain outstanding debts of the city of New Orleans, and for the further carrying out of a plan, relating to a portion of the city debt, known as the Premium Bond Plan.

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ERROR TO THE SUPREME COURT OF THE STATE OF LOUISIANA. In 1890 the legislature of Louisiana enacted a law for the refunding or retirement of certain outstanding debts of the city of New Orleans, and for the further carrying out of a plan, relating to a portion of the city debt, known as the Premium Bond Plan. The act specified the debts to be refunded or retired, and provided moreover substantially as follows: The Board of Liquidation of the City Debt, which we shall hereafter refer to as the Board of Liquidation, which had been created by previous laws, in addition -to the powers which it…

1Opinion of the CourtJustice White

The motion to dismiss is without colorable support. The contention that as public bodies charged with the performance of ministerial duties, both the Board of Liquidation and the Drainage Commission had not the capacity to plead that the provisions of the state constitution impaired the obligations of contracts in violation of the Constitution of the United States, is foreclosed by the decision of the court below. In that court, as we have said in the statement of the case, the want of capacity in both the bodies to urge the defences in question was expressly put at issue and was directly…

2Cases cited4 opinions

  1. Burgess v. SeligmanSupreme Court of the United States · 1883
  2. Board of Liquidation v. McCombSupreme Court of the United States · 1876
  3. Egan v. HartSupreme Court of the United States · 1897
  4. Hornbuckle v. StaffordSupreme Court of the United States · 1884

3Cited by14 opinions

  1. State Ex Rel. Richards v. MoorerSupreme Court of South Carolina · 1929
  2. State ex rel. Dillon v. County CourtWest Virginia Supreme Court · 1906
  3. AHLBORN v. City of HammondIndiana Supreme Court · 1953
  4. City of Tulsa v. Oklahoma Natural Gas Co.District Court, E.D. Oklahoma · 1925
  5. Yazoo & Mississippi Valley Railroad v. AdamsSupreme Court of the United States · 1901

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