Pleasants v. City of Shreveport

Citations

• 110 La. 1046
• 35 So. 283
• 1903 La. LEXIS 749

Syllabus

<p>MUNICIPAL CORPORATIONS — UNLAWFUL PAYMENTS — ACTION BY TAXPAYER — PAVING CONTRACT — DEFECTIVE' WORK.</p> <p>1. As any taxpayer may interfere to prevent a municipal corporation from paying money from the public treasury without consideration, a fortiori can particular taxpayers interfere to prevent the recognition of an illegal claim, the obligation to pay the greater portion of which will otherwise be imposed upon them.</p> <p>2. Front proprietors, who are threatened with liability for paving under a contract entered into by a municipal corporation agreeably to the provisions of Act No. 10, p. 9, of 1896, have a standing in court to prevent the acceptance of the work, the payment of the corporation’s proportion of the cost, and the issuance of certifi•cates for the proportion said to he due by them, where there has been fraud in its execution, and the work falls short of the requirements ■of the contract, though the officers of the corporation be not parties to the fraud.</p> <p>(Syllabus by the Court.)</p>