Legal Opinion

State ex rel. Comerford v. Fitzpatrick

Supreme Court of Louisiana

Decided January 15, 1893No. 11,135PublishedCited by 1 opinion

APPEAL from the Civil District Court for the Parish of Orleans. King, J. 1.A general denial is not permissible in a return to an alternative writ of mandamus. Merrill on Mandamus, Sec. 274; 68 Tex. 488. The defendant must “ state the reason to justify his conduct ” in his answer. C. P., Art. 842. 2.“ The writ may issue to the mayor of a city to sign a contract made in pursuance of law and the ordinances of the city.”

Read the full summary

APPEAL from the Civil District Court for the Parish of Orleans. King, J. 1.A general denial is not permissible in a return to an alternative writ of mandamus. Merrill on Mandamus, Sec. 274; 68 Tex. 488. The defendant must “ state the reason to justify his conduct ” in his answer. C. P., Art. 842. 2.“ The writ may issue to the mayor of a city to sign a contract made in pursuance of law and the ordinances of the city.” Merrill on Mandamus, Sec. 109; 35 N. J. D. 396; 20 All. 172. 3,Sections 9 and 20 of the Oity Charter (act approved June 23,1882) apply ex terminomm to ordinances and resolutions,…

1Opinion of the Court

The opinion of the court was delivered by

Watkins, J.

This is a mandamus proceeding, the object of which is to compel the respondent, who is mayor of the city of New Orleans, to sign a notarial act prepared in alleged pursuance of and conformity with city ordinance No. 5425, Council Series, and a certain motion made in and adopted by the City Council on the 24th of April, 1892.

The pertinent averments of the relator’s petition are as follows, viz.:

1. That, in pursuance of the provisions of an act of the Legislature defining the powers and duties of the council and officers of the city of New…

2Cases cited16 opinions

  1. People Ex Rel. Mygatt v. Supervisors of Chenango CountyNew York Court of Appeals · 1854
  2. Tarver v. Comm'rs' Ct.Supreme Court of Alabama · 1850
  3. People ex rel. Clement v. SpruanceSupreme Court of Colorado · 1885
  4. Bayard v. United States Ex Rel. WhiteSupreme Court of the United States · 1888
  5. Chicago & Alton Railroad v. SuffernIllinois Supreme Court · 1889

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

3Cited by1 opinion

  1. State ex rel. Kaffie v. SmithSupreme Court of Louisiana · 1903

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

Powered by the Exa API