Legal Opinion

Bank of New Orleans v. City of New Orleans

Supreme Court of Louisiana

Decided June 15, 1857PublishedCited by 1 opinion

APPEAL from the Third District Court of New Orleans, Kennedyr J.

1Opinion of the CourtCole, J.

Plaintiff claims of the city of New Orleans $525 for this, to wit: that on the 19th day of January, 1855, the city of New Orleans exacted from petitioner $500 as a tax on the profession he exercised during the year 1854, and $25, amount of railroad tax; that this tax was not legally due, but was paid through mistake and error of law, without any consideration or obligation.

The answer is a general denial, and an averment that plaintiff was bound to contribute to the legal government for protection received. Judgment was rendered for plaintiff, and the city has appealed.

Plaintiff relies on the…

2Cases cited2 opinions

  1. Worsley v. Second MunicipalitySupreme Court of Louisiana · 1844
  2. Manhattan Gaslight Co. v. BarkerThe Superior Court of New York City · 1868

3Cited by1 opinion

  1. Central Savings Bank & Trust Co. v. City of MonroeSupreme Court of Louisiana · 1940

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