Wilder v. City of New Orleans
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Louisiana. On June 5, 1886, plaintiffs brought an action at law for the recovery of St,000, with interest, the amount of two drainage warrants, one for $2,000 and one for $5,000, both dated June 6, 1876, executed by the administrators of public accounts and finances of the city of New Orleans.
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In Error to the Circuit Court of the United States for the Eastern District of Louisiana. On June 5, 1886, plaintiffs brought an action at law for the recovery of St,000, with interest, the amount of two drainage warrants, one for $2,000 and one for $5,000, both dated June 6, 1876, executed by the administrators of public accounts and finances of the city of New Orleans. The petition alleged that the city of New Orleans was bound for the payment of these two obligations under the laws and ordinances under which they were issued, and the benefits derived by the city from the drainage work done…
1Opinion of the CourtSwayne, District Judge
(after stating the facts). The ruling and decision of the circuit court upon which the jury was directed to find a verdict for the defendant, as appears from the opinion of the learned judge who presided at the trial, were based upon two propositions of law: First, that the city was a naked statutory trustee of the drainage fund, without any direct personal liability to the holders of warrants drawn against that fund; and, secondly, that the appointment of a receiver of that fund in the Peake Case, in 1891, operated as an abatement of this suit, which was tiled in 1886, or five years before…
2Cases cited7 opinions
- Meriwether v. GarrettSupreme Court of the United States · 1880
- Heine v. Levee CommissionersSupreme Court of the United States · 1874
- Thompson v. Allen CountySupreme Court of the United States · 1885
- Peake v. New OrleansSupreme Court of the United States · 1891
- Tracy v. . First National Bank of SelmaNew York Court of Appeals · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Riehle v. MargoliesSupreme Court of the United States · 1929
- Adler v. SeamanCourt of Appeals for the Eighth Circuit · 1920
- Pine Tree Lumber Co. v. City of FargoNorth Dakota Supreme Court · 1903
- Gila Valley Electric, Gas & Water Co. v. Arizona Trust & Savings BankArizona Supreme Court · 1923
- Kennison v. KanzlerCourt of Appeals for the Sixth Circuit · 1925
4 more not listed; retrieve them via the Exa API.