State ex rel. City of New Orleans v. New Orleans & Northeastern Railroad
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Voorhies, J. 1. The law regards the application for a mandamus as summary in its nature, and the answer in opposition thereto should contain a full written defence, whether it involves exceptioxxs or merits.
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APPEAL from the Civil District Court for the Parish of Orleans. Voorhies, J. 1. The law regards the application for a mandamus as summary in its nature, and the answer in opposition thereto should contain a full written defence, whether it involves exceptioxxs or merits. Shaw vs. Howell, 18 An. 195. 2. The embankment referred to in the latter half of paragraph 2 of Sec. 1 of Ordinance No. 7483, Administration Series, adopted by the Council of the City of New Orleans, December 9,1881, is a levee within the meaning of Sec. 1 of Act No. 133 of the session of the Legislature of this State of the…
1Opinion of the Court
The opinion of the court was delivered by
Poché, J.
The city seeks by mandamus, under the provisions of Act 133 of 1888, to compel the defendant company to construct a certain embankment on the outskirts of the city, in accordance with an ordinance numbered 7483, adopted by the City Council in December,, 1881.
The proceeding was met by a peremptory exception, based on the ground that there is no warrant in law for the application of the writ of mandamus in the case set forth in relator’s petition. The exception was maintained, and relator appeals.
The pivotal allegations of the petition are…
2Cited by1 opinion
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