Mayor v. United States ex rel. Stewart
Court of Appeals for the Fifth Circuit
’ Error to the Circuit Court for the Eastern District of Louisiana. Affirmed. STATEMENT BY LOCKE, DISTRICT JUDGE. This was a petition by C. H. Stewart, the relator, filed December 31,1890, in the circuit court of the United States for the district of Louisiana, for a writ of mandamus to compel the mayor and council of the city of New Orleans to put upon the budget and appropriate money for the payment of a judgment for $2,484.92, which had been recovered against the city of…
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’ Error to the Circuit Court for the Eastern District of Louisiana. Affirmed. STATEMENT BY LOCKE, DISTRICT JUDGE. This was a petition by C. H. Stewart, the relator, filed December 31,1890, in the circuit court of the United States for the district of Louisiana, for a writ of mandamus to compel the mayor and council of the city of New Orleans to put upon the budget and appropriate money for the payment of a judgment for $2,484.92, which had been recovered against the city of New Orleans in said circuit court in June, 1888, and filed and registered in the office of the comptroller of the city…
1Opinion of the Court
Locke, District Judge,
(after stating the facts as above.) The-question as to whether the debt for the collection of which a mandamus was prayed was a liability of the city of New Orleans or not has been determined by the judgment. If there could have been any defense made to the action on account of the debt having been contracted for the purposes of the year 1882, and not paid from the revenues of that year, and therefore involving the accumulation of an indebtedness such as was prohibited by the act of 1877, it should have been made at the trial of the cause in the court below. In U. S. v.…
2Cases cited6 opinions
- United States v. New OrleansSupreme Court of the United States · 1879
- Louisiana Ex Rel. Nelson v. Police Jury of St. Martin's ParishSupreme Court of the United States · 1884
- State ex rel. Marchand v. City of New OrleansSupreme Court of Louisiana · 1885
- Sophie v. DuplessisSupreme Court of Louisiana · 1847
- Saloy v. City of New OrleansSupreme Court of Louisiana · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State Ex Rel. Gillespie v. CarltonSupreme Court of Florida · 1931
- Buxton Skinner Stationery v. Bd. of Com'rs of CraigSupreme Court of Oklahoma · 1916
- State Ex Rel. Dupont-Ball, Inc. v. LivingstonSupreme Court of Florida · 1932
- Rohwer v. GibsonCalifornia Court of Appeal · 1932
- Ward v. PiperSupreme Court of Kansas · 1904
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