CHANROBLES VIRTUAL LAW LIBRARY
US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ | chanrobles.com™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : www.chanroblesbar.com DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for www.chanrobles.com


CITY OF NEW ORLEANS V. N.O, M. & T. R. CO., 108 U. S. 15 (1882)

Subscribe to Cases that cite 108 U. S. 15 RSS feed for this section

[an error occurred while processing this directive]

U.S. Supreme Court

City of New Orleans v. N.O, M. & T. R. Co., 108 U.S. 15 (1882)

City of New Orleans v. New Orleans,

Mobile & Texas Railroad Company

Argued November 14-15, 1882

Decided November 20, 1882

108 U.S. 15

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE DISTRICT OF LOUISIANA

Syllabus

The Board of Liquidation of the City Debt of New Orleans, a corporate body created by the Legislature of Louisiana, created pending the appeal of this suit, appeared and claimed authority over the subject matter of the controversy. The court refused to enter judgment according to the terms of stipulation made with the attorney of the City of New Orleans by authority of the city council without first giving the board opportunity to be heard. chanroblesvirtualawlibrarychanroblesvirtualawlibrary

Page 108 U. S. 16

Motion to dismiss the appeal.

MR. CHIEF JUSTICE WAITE delivered the opinion of the Court.

This case was continued at the request of the parties on the 10th of October. The appellee now presents a stipulation for the dismissal of the appeal, signed by the city attorney of New Orleans pursuant to the terms of a compromise of the matter in dispute made with the city council, and asks to have the appropriate order entered upon that stipulation. The Board of Liquidation of the City Debt of New Orleans comes to resist the entry of any such order on the ground that during the pendency of the appeal in this Court, authority over the subject matter of the controversy has been transferred from the city council to that board, and that the compromise which has been effected is not binding. The board also asks permission to prosecute the appeal in the name of the city.

It is conceded that the city council made the compromise which is claimed and that the appellee is entitled to a dismissal of the appeal if the council had authority to do what it has done and the compromise was fairly made. The dispute as to the authority of the council presents questions too important to be settled summarily on these motions. It is therefore ordered that the cause and pending motions be continued until the next term, and that the appeal be then dismissed in accordance with the stipulation on file unless the Board of Liquidation begin and prosecute, without unnecessary delay, in some court of competent jurisdiction, an appropriate proceeding to set aside the compromise which has been made with the city council. *

* The Board of Liquidation appeared, and on the 12th of November, 1883, after argument, the decree below was affirmed. See 109 U. S. 109 U.S. 231.





Back
ChanRobles™ LawTube

google search for chanrobles.com Search for www.chanrobles.com


Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



www.chanrobles.us




QUICK SEARCH

cralaw

Browse By ->> Volume


cralaw

Browse By ->> Year


cralaw

  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library | chanrobles.com™
 
RED