Legal Opinion

Gurley v. City of New Orleans

Supreme Court of Louisiana

Decided January 15, 1889No. 10,196PublishedCited by 18 opinions

APPEAL from tbe Civil District Court for tlie Parish of Orleans. Righto r, J. 1. On the trial of a rule nisi, to show cause why an injunction should not issue, the plaintiff’s allegations must be taken for true, and the sole question is, whether such allegations make out a prima facie case and warrant the issuing of the writ.

Read the full summary

APPEAL from tbe Civil District Court for tlie Parish of Orleans. Righto r, J. 1. On the trial of a rule nisi, to show cause why an injunction should not issue, the plaintiff’s allegations must be taken for true, and the sole question is, whether such allegations make out a prima facie case and warrant the issuing of the writ. The Court should not go into the merits of the case. 29 Ann. 58; 80 Ann. 799. 2. There is no provision, either in the Charter of the City of blew Orleans, or in the statutes of the State of Louisiana, which forbids the City Council to contract with a special…

1Opinion of the Court

The opinion of the. Court was delivered hy

Bermudez, C. J.

The purpose of this suit is to enjoin the City of New Orleans from obstructing the execution of a. contract winch the plaintiff claims to have entered into with her, for the collection of certain hack taxes, under certain terms and conditions, and which she pretends to have revoked and repudiated.

*77From an interlocutory decree refusing a preliminary injunction, and from a judgment sustaining an exception of do cause of action and rejecting tlie demand, tlie plaintiff appeals.

We deem it unnecessary to pass formally upon tlie correctness of…

2Cited by18 opinions

  1. Saucier v. Hayes Dairy Products, Inc.Supreme Court of Louisiana · 1979
  2. Louque v. DejanSupreme Court of Louisiana · 1911
  3. Rudolph Gerdes v. Estate of Maynard CushCourt of Appeals for the Fifth Circuit · 1992
  4. Succession of ZatarainLouisiana Court of Appeal · 1962
  5. Succession of CarbajalSupreme Court of Louisiana · 1916

13 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