Peake v. New Orleans
Supreme Court of the United States
APPEAL PROM THE CIRCUIT COURT OP THE UNITED STATES POR THE EASTERN DISTRICT OP LOUISIANA. On. March 18, 1858, the State of Louisiana passed an act to levee, drain and reclaim certain lands situate in the parishes of Orleans and Jefferson, comprising the cities of New Orleans, Jefferson and Carrollton, the whole area thereof being 26,026 acres. These lands were separated into three districts, entitled draining districts.
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APPEAL PROM THE CIRCUIT COURT OP THE UNITED STATES POR THE EASTERN DISTRICT OP LOUISIANA. On. March 18, 1858, the State of Louisiana passed an act to levee, drain and reclaim certain lands situate in the parishes of Orleans and Jefferson, comprising the cities of New Orleans, Jefferson and Carrollton, the whole area thereof being 26,026 acres. These lands were separated into three districts, entitled draining districts. To carry this act into effect a board of commissioners was appointed for each district. They were given full power to do the work,, each in its district. Payment was provided…
1Opinion of the CourtJustice Brewer
The bill in equity in this case was based on the judgment at law. That judgment determined the direct liabilities between the parties. It absolved the defendant from any primary obligation of debtor to creditor. It left it chargeable only as trustee of a fund out of which plaintiff’s claim was to be paid. It was like a judgment, which in fact against an estate is nominally entered -against the administrator thereof, to be satisfied out of the property of the estate and not out of the individual property of the administrator. The propriety of this judgment has not been questioned. No…
2Cases cited3 opinions
- Meriwether v. GarrettSupreme Court of the United States · 1880
- City of Memphis v. BrownSupreme Court of the United States · 1874
- Succession of IrwinSupreme Court of Louisiana · 1881
3Cited by34 opinions
- New Orleans v. WarnerSupreme Court of the United States · 1899
- German-American Savings Bank v. City of SpokaneWashington Supreme Court · 1897
- City of Mankato v. Barber Asphalt Paving Co.Court of Appeals for the Eighth Circuit · 1905
- Moore v. City of NampaSupreme Court of the United States · 1928
- Barber Asphalt Paving Co. v. City of HarrisburgCourt of Appeals for the Third Circuit · 1894
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