Heine v. Levee Commissioners
Supreme Court of the United States
This was a suit in chancery brought by Heine and others, holders of bonds issued by what is called the board of levee commissioners of the levee district for the parishes of Carroll .and Madison of the State of Louisiana. The board thus described was made a quasi corporation by the legislature of Louisiana, with authority to issue the bonds and provide for the payment of interest and principal by taxes levied upon the .real and personal property within the district.
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This was a suit in chancery brought by Heine and others, holders of bonds issued by what is called the board of levee commissioners of the levee district for the parishes of Carroll .and Madison of the State of Louisiana. The board thus described was made a quasi corporation by the legislature of Louisiana, with authority to issue the bonds and provide for the payment of interest and principal by taxes levied upon the .real and personal property within the district. The bill alleged a failure to levy these taxes and to pay the interest on any part of said bonds, that the persons duly…
1Opinion of the CourtJustice Miller
The question presented by the present case is not a new one in this court. It has been decided in numerous cases, founded on the refusal to pay corporation bonds, that the appropriate proceeding was to sue at law and by a judgment of the court establish the validity of the claim and the amount due, and by the return of an ordinary execution ascertain that no property of the corporation could be found liable to such execution and sufficient to satisfy the judgment. Then, if the corporation had authority to levy and collect taxes for the payment of that debt, a mandamus would issue to compel…
2Cases cited2 opinions
- McIntire v. WoodSupreme Court of the United States · 1813
- McClung v. SillimanSupreme Court of the United States · 1821
3Cited by110 opinions
- Taylor v. SecorSupreme Court of the United States · 1876
- In Re SawyerSupreme Court of the United States · 1888
- Missouri v. JenkinsSupreme Court of the United States · 1990
- Meriwether v. GarrettSupreme Court of the United States · 1880
- Fitts v. McGheeSupreme Court of the United States · 1899
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