Warner v. City of New Orleans
Court of Appeals for the Fifth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Louisiana. The legislature of the state of Louisiana, by an act approved March 18. 1858, established a system of drainage of certain portions of the parishes of Orleans and Jefferson, which was to be carried on by boards of commissioners appointed for the three drainage districts into which the territory was divided.
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Appeal from the Circuit Court of the United States for the Eastern District of Louisiana. The legislature of the state of Louisiana, by an act approved March 18. 1858, established a system of drainage of certain portions of the parishes of Orleans and Jefferson, which was to be carried on by boards of commissioners appointed for the three drainage districts into which the territory was divided. The commissioners were required to prepare plans of the proposed work, giving the names of the proprietors of the lands to be drained, which were to be filed in the mortgage office. The act further…
1Opinion of the CourtSwayne, District Judge
(after stating the facts as abové). As to nearly all of these defenses, we might well rest our decision in this east' on the opinion of the supreme court expressed in answer to the certified question. All the facts averred in the bill have either been admitted by the answer, or abundantly established by evidence. Indeed, the only fact in dispute between the parlies is the question of responsibility for the alleged defects in the drainage plan. So far, however, as the answer attempts to fasten this responsibility on the canal company and Van Norden, its transferee, as a defense to this action,…
2Cases cited16 opinions
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- United States v. New OrleansSupreme Court of the United States · 1879
- Wolff v. New OrleansSupreme Court of the United States · 1881
- Lewis v. HawkinsSupreme Court of the United States · 1875
- County of McLean v. City of BloomingtonIllinois Supreme Court · 1883
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3Cited by4 opinions
- Scott County v. Advance-Rumley Thresher Co.Court of Appeals for the Eighth Circuit · 1923
- United States ex rel. Palmer v. LappCourt of Appeals for the Sixth Circuit · 1917
- Bidwell v. City of TacomaWashington Supreme Court · 1901
- City of New Orleans v. WarnerCourt of Appeals for the Fifth Circuit · 1900