State ex rel. Douglas v. Kennedy

Citations

• 121 La. 757
• 46 So. 796
• 1908 La. LEXIS 745

Syllabus

<p>On Motion to Dismiss.</p> <p>1. Appeal and Ekrob — City Offices — Bonds —Mandamus.</p> <p>The City of New Orleans has a right to appeal from a judgment in a mandamus suit against its treasurer, ordering the payment of money out of municipal funds. The exemption ■of the city from giving bond in judicial proceedings does not extend to its ministerial officers.</p> <p>[Ed. Note. — Eor cases in point, see Cent. Dig. vol. 2, Appeal and Error, §§ 943, 2005, 2010.]</p> <p>On the Merits.</p> <p>2. Mandamus — Payment of City Debts — Remedies of Creditor.</p> <p>Section 1 -of Act No-. 5, p. 10, of 1870 (Extra Session) prohibits creditors of the city of New Orleans from enforcing the payment of claims out of the municipal treasury by mandamus proceedings directed against the city’s auditing and disbursing officers. The remedy of such creditors is by ordinary action against the corporation. The statute' directs how judgments shall be registered and paid, but the remedy of a judgment creditor to compel payment out of a particular budget appropriation need not be now decided.</p> <p>3. Municipal Corporations — Appropriation of Funds;</p> <p>The council of the city of New Orleans has no authority to divert the funds appropriated in an annual budget until all the expenditures provided for therein have been paid.</p> <p>(Syllabus by the Court.)</p>