New Orleans, S. F. & L. R. v. City of New Orleans

Citations

• 109 La. 194
• 33 So. 192
• 1902 La. LEXIS 135

Syllabus

<p>MUNICIPAL CORPORATIONS — ESTOPPEL—APPEAL— INSUFFICIENCY OP EVIDENCE-REMAND.</p> <p>1. While the acts, doings and averments of municipal councils, and those of officers of municipalities, may, perhaps, not ordinarily operate as estoppel against such bodies, the doctrine cannot be carried to the extent of permitting a municipality, after judicially enforcing against a grantee of franchise rights the obligations such grantee had undertaken in consideration of the grant made, to single out and repudiate that part of the ordinance, evidencing the grant, which provides for an extension of the time limit of the franchise.</p> <p>2. Where only the petition, in a suit brought by the municipality to enforce the obligations of the grantee under the ordinance, is offered in evidence, and nothing appears in the record to show what issues were raised by the answer of the defendant in su'ch suit and what the result of the litigation was, it cannot be determined, in the instant case, whether the obligations assumed by the grantee w'ere judicially enforced or not, and this information being considered necessary to the proper determination of the case at bar, the court will, in the exercise of its discretion, remand the cause.</p> <p>(Syllabus by the Court.)</p>