State ex rel. Board of Liquidation of City Debt v. Briede

Citations

• 117 La. 183
• 41 So. 487
• 1906 La. LEXIS 665

Syllabus

<p>1. Municipal Corporations — New Orleans Board oe Liquidation — Custody oe Funds.</p> <p>The proceeds of the 1 per cent, tax should be paid over to the fiscal agent or depository of the board of liquidation, as directed by that bond and to the credit of the board.</p> <p>■2. Same — Statutory Provisions.</p> <p>The purpose of section S of Act No. Ill, p. 147, of 1890 is separate and distinct. The instruction touching the deposit of the fund therein referred to is special and direct.</p> <p>3. Same — Action oe Board — Quorum.</p> <p>There was no quorum at the meeting of September 1, 1905, at which a depository was selected by the board.</p> <p>4. Same — Absence oe Quorum — Eeeect.</p> <p>The question was jurisdictional — it went to the power vel non of an illegal quorum. The relator had the right to stand in judgment to have it determined where the fund should be deposiced. He had the further right.</p> <p>5. Same — Oeeicers—Representation by Deputy.</p> <p>Record evidence should be kept of the fact that, on account of the “absence” of one of the executive officers, the comptroller, his chief clerk or deputy acted.</p> <p>•6. Principal and Surety — Contract.</p> <p>A contract, entered into to secure funds •deposited, and the accompanying bond, should clearly set forth the extent of the liability of principal and security.</p> <p>7. Municipal Corporations — Action oe Oeeicers.</p> <p>No changes .should be made before the board has acted through a legal quorum.</p> <p>Provosty, J., dissenting.</p> <p>(Syllabus by the Court.)</p>