Legal Opinion

Benedict v. City of New Orleans

Supreme Court of Louisiana

Decided June 5, 1905No. 15,651Published

Appeal from Civil District Court, Parish of Orleans; John St. Paul, Judge. Suit for injunction by William S. Benedict and others against the city of New Orleans and others to restrain defendants from proceeding with the construction of a courthouse in the parish of Orleans. Prom a de cree for complainants, defendants appeal

1Opinion

On Rehearing.

BREAUX, C. J.

The acquisition of a site for and the construction and maintenance of a courthouse building in the. city of New Orleans was the purpose of the legislation of 1902 and 1904. Act No. 79, p. 106, of 1902, Act No. 96, p. 214, of 1904, and Act No. 179, p. 369, of 1904, are assailed by plaintiffs, taxpayers, on the ground of unconstitutionality.

There remains for consideration and decision two of plaintiff’s grounds of attack. The other grounds have passed out of the discussion by reason of the fact that they were decided adversely to plaintiff’s contention, and on the…

2Cases cited18 opinions

  1. People Ex Rel. Lee v. Board of SupervisorsNew York Court of Appeals · 1870
  2. Bunn v. People ex rel. LaflinIllinois Supreme Court · 1867
  3. State v. DalonSupreme Court of Louisiana · 1883
  4. Butler v. Regents of the UniversityWisconsin Supreme Court · 1873
  5. State ex rel. Nicholls v. ShakespeareSupreme Court of Louisiana · 1889

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