State ex rel. City of New Orleans v. Judge of the Sixth District Court
Supreme Court of Louisiana
-ApPLICATION for Writ of Mandamus. First — The District Judge was in duty bound to allow the preliminary Injunction. Nos. 1,10, and 20 of sec. 1 of Art. 7, Extra Session, 1870; Burroughs on Taxation, p. 148; 30 An. 682 ; 31 An. 644, 646. '.Second — Under Article 90, Const, of 1879, the Supreme Court has the power to compel by Mandamus the inferior Court to perform an act belonging to its place or duty. C. P. 829.
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
In the suit of George S. Wells against the city of New •Orleans, the plaintiff, alleging that by ordinance the city of New Orleans *550had levied an unlawful and unconstitutional license-tax upon him, and notified him to pay the same, and further alleging that, unless restrained,, said city,-“'by suit or otherwise,” would close his place of business and< thereby cause him an irreparable injury, applied for,.and obtained from the Sixth District Court, a writ of injunction “ restraining said city from closing or interfering with his said business,…
2Cited by12 opinions
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- Joseph Wilson v. Charles C. FotiCourt of Appeals for the Fifth Circuit · 1987
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