Louisiana v. New Orleans

ERRORto the Supreme Court of the State of Louisiana.

Morris Ranger recovered, May 1, 1874, against the city of New Orleans certain judgments. To enforce the collection of them, he instituted, June 21, 1879, this proceeding, in the name of the State on his relation in the Third District Court of the Parish of Orleans, for a peremptory mandamus to compel the mayor and administrators of the city to levy and collect a special tax sufficient in amount to satisfy the judgments.

The following statement of facts facts signed by the attorneys for the respective parties was filed:--

'1st, That the judgments which are made the basis of this mandamus proceeding were rendered for the amounts-principal, interest, and costs-and at the dates stated in the petition, and had for their basis bonds issued by the city of New Orleans in 1854, to the New Orleans, Jackson, and Great Northern Railroad Company, and New Orleans, Opelousas, and Great Western Railroad Company.

'2d, That writs of fieri facias were issued on said judgments, and after demand made upon the city were returned nulla bona, and that the city has no property liable to seizure and sale.

'3d, That said judgments have never been registered in accordance with the provisions of the act of 1870.

'It is further agreed that this statement of facts is made in lieu of the note of evidence taken at the trial, which has been mislaid.'

The remaining facts and the statute bearing upon the case are set forth in the opinion of the court.

Mr. D. C. Labatt for the plaintiff in error.

MR. JUSTICE FIELD delivered the opinion of the court.