State ex rel. Hart v. Burke
Supreme Court of Louisiana
APPEALS from the Civil District Court for the parish of Orleans. Monroe, J. and Bightor, J. First — A State, through its constitutioual provisions, no more than a legislature or judiciary can enact a law or render a decision which in effect impairs the obligation of a contract. 8 Wh. p. 92; Green vs. Riddle; Fletcher vs. Peck; and Dartmouth College case.
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APPEALS from the Civil District Court for the parish of Orleans. Monroe, J. and Bightor, J. First — A State, through its constitutioual provisions, no more than a legislature or judiciary can enact a law or render a decision which in effect impairs the obligation of a contract. 8 Wh. p. 92; Green vs. Riddle; Fletcher vs. Peck; and Dartmouth College case. Second — Such legislation is annulled by the provision of the Federal Constitution, Art. 1, Sec. 10, and this article is a limitation on the asserted absolute sovereignty of the State in the exercise of certain attributes with which but'for…
1Opinion of the Court
The opinion o£ the Court was delivered by
Bermudez, C. J.
These two cases, consolidated by consent, are to be determined by the same judgment.
The first case has £or its object an injunction, which was to serve as a foundation for the other suit; the second case contemplates a mandamus, for the enforcement of rights intended to be protected by the injunction.
Their purpose was to prevent the State Auditor and the State Treasurer from disposing of certain public monies, in the State treasury, to which'plaintiff lays claim, and to compel those officers to pay, out of said monies, the amount…
2Cases cited46 opinions
- Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
- Davis v. GraySupreme Court of the United States · 1873
- Dodge v. WoolseySupreme Court of the United States · 1856
- Beers Ex Rel. Platenius v. ArkansasSupreme Court of the United States · 1858
- Hosner v. DeYoungTexas Supreme Court · 1846
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3Cited by20 opinions
- Louisiana v. JumelSupreme Court of the United States · 1883
- Board of Comm'rs. of Port of New Orleans v. Splendour S. & E. Co.Supreme Court of Louisiana · 1973
- Marler v. StateLouisiana Court of Appeal · 1955
- Cobb v. Louisiana Board of InstitutionsSupreme Court of Louisiana · 1955
- Weinstein, Bronfin & Heller v. LeBlancSupreme Court of Louisiana · 1966
15 more not listed; retrieve them via the Exa API.