Legal Opinion

Barber Asphalt Paving Co. v. Gogreve

Supreme Court of Louisiana

Decided March 15, 1889No. 10,239PublishedCited by 17 opinions

APPEAL from the Civil District Court for tlie Parish of Orleans. Monroe, J. 1. Sections 2 and 3 of the Act of 1876 (p. 116) arc not repealed by Act of 1882 (p. 34). The later Act repeals any .and “all haws in conflict, inconsistent with or contrary to tho provisions of this Act.”

Read the full summary

APPEAL from the Civil District Court for tlie Parish of Orleans. Monroe, J. 1. Sections 2 and 3 of the Act of 1876 (p. 116) arc not repealed by Act of 1882 (p. 34). The later Act repeals any .and “all haws in conflict, inconsistent with or contrary to tho provisions of this Act.” Sec. 78, p. 37. The Act of 3886 (No. 113) expressly recognizes this section as unrepealed. [Repeals by implication «arc never favored. 24 Ann. 116. See also on this point Hennen’s Dig., p. 789, No. 15 ; p. 790, No. 20, No. 21 ; 12 Ann. 498, 805. Subsequent laws do nob repeal prior haws by containing different…

1Opinion of the Court

Tlio opinion of tlie Court was delivered by

Watkins, J.

Claim is made by the plaintiff for $2164 65, as two-thirds of the contract price of laying a street asphalt pavement on St. Charles avenue, in front of the defendant’s premises, with eight per cent interest from the 1st of August, 1885.

It avers that, oil the 13th of October, 1883, by an act passed before a notary, it made a contract with the City of New Orleans, through her Mayor, who was duly authorized thereto by ordinance, to lay street asphalt paving on St. Charles avenue, in said city j and that said contract was made and said paving…

2Cases cited5 opinions

  1. Argenti v. City of San FranciscoCalifornia Supreme Court · 1860
  2. Emery v. San Francisco Gas Co.California Supreme Court · 1865
  3. Wood v. VanarsdaleSupreme Court of Pennsylvania · 1832
  4. Gelpcke v. DubuqueSupreme Court of the United States · 1863
  5. Hart v. GavenCalifornia Supreme Court · 1859

3Cited by17 opinions

  1. New Orleans v. WarnerSupreme Court of the United States · 1899
  2. Keokuk Waterworks Co. v. KeokukSupreme Court of Iowa · 1938
  3. Siegel v. City of ChicagoIllinois Supreme Court · 1906
  4. Fourmy v. Town of FranklinSupreme Court of Louisiana · 1910
  5. City of Crowley v. Police JurySupreme Court of Louisiana · 1915

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API