Harrison v. City of New Orleans
Supreme Court of Louisiana
^PPEAL from the Civil District Court, parish of Orleans. Tissot, ¿First — It is elementary tliat no action lies to enjoin the mere passage of an ordinance by a municipal corporation.
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^PPEAL from the Civil District Court, parish of Orleans. Tissot, ¿First — It is elementary tliat no action lies to enjoin the mere passage of an ordinance by a municipal corporation. Such an ordinance can do no injury, in a legal sense, much less any irreparable injury. ^Second — The petition at bar present a case where the plaintiffs are undertaking illegally to interfere with municipal legislation and administration in a matter peculiarly within the province oí the City Council, under the powers delegated to it by the Legislature of the State. A railway is an improved public highway. ¿Tones…
1Opinion of the Court
The opinion of the Court was delivered by
Todd, J.
The plaintiff sued out an injunction against the Mayor and Administrators of the City of New Orleans and Common Council thereof to restrain them from passing or voting upon any ordinance “ concerning the right of way to the New Orleans Pacific Railroad Company, or any *223¡company, to lay or erect tracks upon Thalia street, from Claiborne street ■to the levee, or authorizing said tracks to be laid in said streets. ■
The defendants excepted, on the ground that the petition disclosed no cause of action, which exception was sustained, the suit…
2Cited by11 opinions
- Stevens v. St. Mary's Training SchoolIllinois Supreme Court · 1893
- Power v. RatliffMississippi Supreme Court · 1916
- State Ex Rel. Sutton v. CaldwellSupreme Court of Louisiana · 1940
- Lavin v. Grand Lodge of the Ancient Order of United WorkmenMissouri Court of Appeals · 1905
- Bardwell v. Parish Council of ParishSupreme Court of Louisiana · 1949
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