State ex rel. Marchand v. City of New Orleans
Supreme Court of Louisiana
A PPEAL from the Civil District Court for the Parish of Orleans. x\. Monroe, J. 1. A judgment, final and conclusive against the City of Hew Orleans, and not expressly limited to any particular fund in the judgment itself, is not to be so restricted. 98 U. S. 381, 395; 4 Wall. 435; 9 Wall. 409; 99 U. 8. 591. 2. Such a judgment, when registered according to Act Ho. 5, Acts of 1870, Dx.
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A PPEAL from the Civil District Court for the Parish of Orleans. x\. Monroe, J. 1. A judgment, final and conclusive against the City of Hew Orleans, and not expressly limited to any particular fund in the judgment itself, is not to be so restricted. 98 U. S. 381, 395; 4 Wall. 435; 9 Wall. 409; 99 U. 8. 591. 2. Such a judgment, when registered according to Act Ho. 5, Acts of 1870, Dx. Soss., must be provided for in tho budgets of the Citv of Hew Orleans until fully paid. 3. A judgment creditor, with such a judgment duly registered, is entitled to a mandamus to compel such budget provision, and…
1Opinion of the Court
The opinion of tlio Court was delivered by
Eennek, J.
In 1872, tbe Legislature of the State passed Act No. 60 of that year, by which it established the Luzenberg Hospital iu this city as the exclusive hospital for small-pox and further provided that “ all indigent cases of small-pox, or other diseases reported contagious, in want of or making application for hospital aid or care, shall be sent to the hospital designated in this act, at the expenso of the city of New Orleans, as usual and at the usual per diem.”
Acting under this direction, the city entered into a contract with Dr. Anfoux then in…
2Cases cited3 opinions
- Von Hoffman v. City of QuincySupreme Court of the United States · 1867
- Wolff v. New OrleansSupreme Court of the United States · 1881
- Louisiana Ex Rel. Nelson v. Police Jury of St. Martin's ParishSupreme Court of the United States · 1884
3Cited by14 opinions
- Smart v. Board of County Com'rs of Craig CountySupreme Court of Oklahoma · 1917
- Rauch v. ChapmanWashington Supreme Court · 1897
- State Ex Rel. Gillespie v. CarltonSupreme Court of Florida · 1931
- State Ex Rel. Dupont-Ball, Inc. v. LivingstonSupreme Court of Florida · 1932
- Rohwer v. GibsonCalifornia Court of Appeal · 1932
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