New Orleans Elevated Railway Co. v. Mayor of New Orleans
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Monroe, J. A. J. Where an injunction against the mayor and the council of the city restrains tbe signing and promulgation of an ordinance and also the enforcement of it, it may bo dissolved so far as it restrains the signing and promulgation, and maintained so far as it prevents the enforcement or operation of the ordinance. 2. If an appeal he taken from such a judgment and not joined in by the city, the…
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APPEAL from the Civil District Court for the Parish of Orleans. Monroe, J. A. J. Where an injunction against the mayor and the council of the city restrains tbe signing and promulgation of an ordinance and also the enforcement of it, it may bo dissolved so far as it restrains the signing and promulgation, and maintained so far as it prevents the enforcement or operation of the ordinance. 2. If an appeal he taken from such a judgment and not joined in by the city, the judgment is final so far as it maintains tho injunction to prevent the operation and enforcement of the ordinance. 3. Where…
1Opinion of the Court
The opinion of the Court was delivered by
Beiímüdez, C. J.
The plaintiff company appeals from two judgments, one an interlocutory decree, dissolving in part tin injunction issued in limine ; another, a final judgment sustaining an exception of no cause of action, dismissing the suit.
The fundamental averments are: That the Council of the city of New Orleans has passed an ordinance, the object of which is to repeal another ordinance, xxxxder the provisions of which a valid contract was exxtered into between the plaintiff company and the corporation ; that *130the ordinance was sent to the Mayor for…
2Cited by9 opinions
- State Ex Rel. Sutton v. CaldwellSupreme Court of Louisiana · 1940
- Bardwell v. Parish Council of ParishSupreme Court of Louisiana · 1949
- Connell v. Commission CouncilSupreme Court of Louisiana · 1922
- Durrett Hardware & Furniture Co. v. City of MonroeSupreme Court of Louisiana · 1942
- Town of Ponchatoula v. Police Jury of Parish of TangipahoaSupreme Court of Louisiana · 1908
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