State ex rel. City of New Orleans v. New Orleans & Carrollton Railroad
Supreme Court of Louisiana
A PPLICATION for Mandamus. 1. The city may institute a suit of the city of New Orleans without being authorized thereto by ordinance or regulation. Sec, 27, Act No. 20,1882. 2. Where a party agrees to do certain work for another, and in the event of a failure to do such work, the obligee is, by the contract, authorized to have such work done at the expense of the obligor, this stipulation of the contract is no bar to a demand by tho obligee for specific performance.
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A PPLICATION for Mandamus. 1. The city may institute a suit of the city of New Orleans without being authorized thereto by ordinance or regulation. Sec, 27, Act No. 20,1882. 2. Where a party agrees to do certain work for another, and in the event of a failure to do such work, the obligee is, by the contract, authorized to have such work done at the expense of the obligor, this stipulation of the contract is no bar to a demand by tho obligee for specific performance. Mandamus is tho proper remedy íd this case. 37 dud. 494, 495, 489 etseq,, High’s Extraordinary Legal Remedies, Sec. 320. An…
1Opinion of the Court
Tli e opinion of tlie Court was delivered by
Fenner, J.
This is an application for a writ of mandamus, commanding the defendant company “to proceed at once to repair and correct the defects and had condition of Jackson street from Water to *590St. Charles street, atnl to proceed at once to put said Jackson street in good repair and condition, and to execute said commands of the court within a reasonable time.”
The application is based on the following allegations which we transcribe from the petition, viz “That by authentic act passed before Samuel Flower, notary public, on August 7, 1882, relator,…
2Cases cited7 opinions
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
- People ex rel. Cummings v. HeadIllinois Supreme Court · 1861
- Indianapolis & Cincinnati Railroad v. State ex rel. City of LawrenceburgIndiana Supreme Court · 1871
- Louisville & New Albany Railroad v. State ex rel. McCartyIndiana Supreme Court · 1865
- State ex rel. Wolff v. Board of SupervisorsWisconsin Supreme Court · 1871
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- State ex rel. Porter v. HudsonSupreme Court of Missouri · 1910
- New Orleans City & Lake Railroad v. Louisiana, Ex Rel. City of New OrleansSupreme Court of the United States · 1895
- State Ex Rel. Brown v. United Gas Public Service Co.Supreme Court of Louisiana · 1941
- Hanson v. Police JurySupreme Court of Louisiana · 1906
- Washington ex rel. City of Seattle v. Pacific Telephone & Telegraph Co.District Court, W.D. Washington · 1924
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