United States ex rel. Fisher v. Board of Liquidation
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Louisiana. This was a proceeding by the United States on the relation of M. M. Fisher .and wife against the hoard of liquidation of the city debt of New Orleans, for a writ of mandamus. The writ was denied, and relators bring error.
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In Error to the Circuit Court of the United States for the Eastern District of Louisiana. This was a proceeding by the United States on the relation of M. M. Fisher .and wife against the hoard of liquidation of the city debt of New Orleans, for a writ of mandamus. The writ was denied, and relators bring error. The plaintiffs in error, relators in the circuit court, filed their petition against the board of liquidation of the city debt of New Orleans, therein alleging that the relators had obtained judgment in said circuit court against the board of school directors of the city of New Orleans…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts). The first assignment of error is that the circuit court erred in excluding the evidence tending to show that a special tax had been levied by the city of New Orleans to pay the indebtedness held by the relators, a large amount had been reduced and canceled by the city, and all other claims had been funded, with the exception of the school indebtedness. The suit being one to compel the performance of a strictly legal and ministerial duty, the evidence in question was wholly irrelevant. If it had been admitted, it would only have tended to show an equity in favor of…
2Cases cited3 opinions
- Fisher v. Board of DirectorsSupreme Court of Louisiana · 1892
- Labatt v. City of New OrleansSupreme Court of Louisiana · 1886
- New Orleans Taxpayers' Ass'n v. City of New OrleansSupreme Court of Louisiana · 1881