Davidson v. New Orleans
Supreme Court of the United States
Error to the Supreme Court- of the State of Louisiana. On. the 7th of December, 1871, the petition of the city of New Orleans and the administrators thereof was filed in the Seventh District Court for the Parish of Orleans, setting forth an assessment on certain real estate, made under the statutes of Louisiana, for draining the swamp lands within the parishes, of- Carroll and Orleans; and asking that the assessment should be homologated by the judgment of the court.
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Error to the Supreme Court- of the State of Louisiana. On. the 7th of December, 1871, the petition of the city of New Orleans and the administrators thereof was filed in the Seventh District Court for the Parish of Orleans, setting forth an assessment on certain real estate, made under the statutes of Louisiana, for draining the swamp lands within the parishes, of- Carroll and Orleans; and asking that the assessment should be homologated by the judgment of the court. The estate of John Davidson was assessed for various parcels in different places for about $50,000. His widow and testamentary…
1Opinion of the CourtJustice Milleb
The objections raised in the State courts to the assessment were numerous and varied, including constitutional objections to the statute under which the assessment was made, and alleged departures from the requirements of the statute itself. And although counsel for the plaintiff in error concede, in the first sentence of their brief, that the only Federal question is, whether the judgment is not iii violation of that provision of the Constitution which declares that “ no State shall deprive any person of life, liberty, or property without due process of law, the argument seems to suppose…
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