Legal Opinion

McGowan v. City of New Orleans

Supreme Court of Louisiana

Decided February 4, 1907No. 16,461PublishedCited by 8 opinions

Case Certified from Court of Appeal, Parish of Orleans. Action by James McGowan against the city ■of New Orleans. Case certified by the Court of Appeal.

1Opinion of the CourtProvosty, J.

The Court of Appeal for the parish of Orleans has certified to this ■court the following question:

“Is the assignment of unearned salary by a public officer against public policy, and, therefore, void?”

In a recent case (First Nat. Bank v. State [decided in 1903] 68 Neb. 482, 94 N. W. 633, 4 A. & E. Ann. Cas. 423) the Supreme Court of Nebraska had occasion to say that it would be difficult to find a proposition more thoroughly established in the Reports than that the assignment of the 'salary or fees of a public officer, to be earned in the future, is contrary to public policy and void.

There…

2Cases cited11 opinions

  1. Mugler v. KansasSupreme Court of the United States · 1887
  2. Louisville & Nashville Railroad v. KentuckySupreme Court of the United States · 1896
  3. Hubgh v. New Orleans & Carrollton RailroadSupreme Court of Louisiana · 1851
  4. Bliss v. . LawrenceNew York Court of Appeals · 1874
  5. Bangs v. DunnCalifornia Supreme Court · 1884

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

3Cited by8 opinions

  1. Illinois Cent. R. v. New Orleans Terminal Co.Supreme Court of Louisiana · 1918
  2. Fischer v. DubrocaSupreme Court of Louisiana · 1927
  3. Bozarth v. StateCourt of Criminal Appeals of Oklahoma · 1934
  4. United States Treasury Department v. United StatesCourt of Appeals for the Fifth Circuit · 1974
  5. Hava v. CafieroSupreme Court of Louisiana · 1925

3 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