Legal Opinion

Gunning Gravel & Paving Co. v. City of New Orleans

Supreme Court of Louisiana

Decided May 15, 1893No. 11,252PublishedCited by 8 opinions

APPEAL from tlie Civil District Court for the Parish of Orleans, King, J. 1, Of every municipal corporation, the charter or statute by which it is created is its organic act. Neither the corporation nor its officers cando any act, or make any contract, or incur any liability, not authorized thereby. All acts beyond the scope of the powers granted are void. Much less can any power be exercised, or any act done, which is forbidden by charter or statute.

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APPEAL from tlie Civil District Court for the Parish of Orleans, King, J. 1, Of every municipal corporation, the charter or statute by which it is created is its organic act. Neither the corporation nor its officers cando any act, or make any contract, or incur any liability, not authorized thereby. All acts beyond the scope of the powers granted are void. Much less can any power be exercised, or any act done, which is forbidden by charter or statute. These principles are of transcendent importance and lie at the foundation of the law of municipal corporations Dillon on Municipal…

1Opinion of the Court

The opinion of the court was delivered by

McEnery, J.

Under specifications submitted to it by the city engineer, the City Council of New Orleans by ordinance directed the comptroller to advertise for sealed proposals for the paving of the wood side of St. Charles street from its intersection with Louisiana avenue to the terminus of the present pavement on the river side of St. Charles avenue with Rosetta or Hoskins gta vel. On the 26th day of October, 1892, the comptroller advertised for sealed proposals, as directed by the City Council, to be received at his office until the hour of 12 m. on…

2Cited by8 opinions

  1. Housing Authority of the City of Opelousas, Louisiana v. Pittman Construction Company, Inc., and Pittman Construction Company, Inc. v. Housing Authority of the City of Opelousas, Louisiana and George G. Marquette, Jr., D/B/A Marco Construction Company, IntervenorCourt of Appeals for the Fifth Circuit · 1959
  2. W. R. Aldrich & Co. v. Gravity Drainage District Number 1Supreme Court of Louisiana · 1959
  3. State ex rel. Bank of Franklinton v. Louisiana State Board of Agriculture & ImmigrationSupreme Court of Louisiana · 1909
  4. Bacas v. AdlerSupreme Court of Louisiana · 1904
  5. State Ex Rel. George M. Jensen Printing Co. v. SnivelySupreme Court of Minnesota · 1928

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