Conery v. New Orleans Water Works Co.
Supreme Court of Louisiana
APPEAL from tlie Civil District Court, for tlie Parish of Orleans. Monroe, J. 1st. The only issue in this case is the validity of the contract, attacked, upon the theory of law and fact that such contract is based solely on the provisions of Act 56 of 1884. 2d. The Company having elected to deny that they have ever accepted that Act, the controversy is ended. 3d.
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APPEAL from tlie Civil District Court, for tlie Parish of Orleans. Monroe, J. 1st. The only issue in this case is the validity of the contract, attacked, upon the theory of law and fact that such contract is based solely on the provisions of Act 56 of 1884. 2d. The Company having elected to deny that they have ever accepted that Act, the controversy is ended. 3d. The other issue made by the company, that the contract attacked is valid, independently of the existence of Act 56, cannot arise in this case : (a). Because both parties to the contract, having based it solely upon Act 56, are…
1Opinion of the Court
Tiie opinion of the Court was delivered by
McEnery, J.
Ed. Couery and other taxpayers, residents of the City of New Orleans, brought suit against the New Orleansj Water Works Company and tlie City of New Orleans, to have tlie existing contract for the supply of water to tlie corporation, to be declared a nullity.
They aver they are taxpayers of New Orleans in amounts aggregating ten thousand dollars. They recite the history of the present charter, tlie litigation growing out of the city’s attempt to subject the propei’ty of the corporation to taxation and the judgment in the case of the City of…
2Cases cited3 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Mayor of Rome v. CabotSupreme Court of Georgia · 1859
3Cited by13 opinions
- State v. City of New OrleansSupreme Court of Louisiana · 1922
- Hunter Co. v. McHughSupreme Court of Louisiana · 1942
- Town of Coushatta v. Valley Electric Member. Corp.Louisiana Court of Appeal · 1962
- Baton Rouge Waterworks Co. v. Louisiana Public Service CommissionSupreme Court of Louisiana · 1924
- City of Monroe v. Louisiana Public Service CommissionSupreme Court of Louisiana · 1957
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