Legal Opinion

Duffy v. City of New Orleans

Supreme Court of Louisiana

Decided December 14, 1896No. 12,310PublishedCited by 28 opinions

APPEAL from the Oivil District Oourt for the Parish of Orleans. King J.

1Opinion of the Court

*115The opinion of the court was delivered by

Breaxjx, J.

From the refusal of the court a qua to grant the injunction applied for in this case, plaintiffs, residents of the city, owners of property therein, and taxpayers, prosecute this appeal.

The plaintiffs assert that Act 70 of 1896 is unconstitutional and void.

Whether the Legislature can pass a valid act to establish a commission for the port of New Orleans, define their powers and duties, provide a revenue therefor, is the question before us.

The first ground of nullity urged is that the act creates a corporation, and is in consequence obnoxious…

2Cases cited4 opinions

  1. Maxmilian v. . MayorNew York Court of Appeals · 1875
  2. People ex rel. Board of Park Commissioners v. Common CouncilMichigan Supreme Court · 1873
  3. People ex rel. Gallup v. GreenNew York Supreme Court · 1829
  4. Kahn v. SutroCalifornia Supreme Court · 1896

3Cited by28 opinions

  1. State ex rel. Saunders v. KohnkeSupreme Court of Louisiana · 1903
  2. Board of Comm'rs. of Port of New Orleans v. Splendour S. & E. Co.Supreme Court of Louisiana · 1973
  3. State ex rel. Illinois Cent. R. v. Board of Levee Com'rsSupreme Court of Louisiana · 1902
  4. State v. BOARD OF SUPERVISORS, ETC.Supreme Court of Louisiana · 1955
  5. C. H. Leavell & Company v. Board of Commissioners of the Port of New Orleans and Department of Highways, State of LouisianaCourt of Appeals for the Fifth Circuit · 1970

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