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· 5/15/1899

State ex rel. Duchenne v. Board of Liquidation

Citations

  • 51 La. Ann. 1142
  • 26 So. 55
  • 1899 La. LEXIS 534

Syllabus

<p>Syllabus.</p> <p>1. A judgment against the city oí New Orleans rendered in 1879 for damages-for eviction under th'e city’s warranty obligations tracing back to and re suiting from a contract of sale made a great many years before, is not <r “floating debt” of such a character as to fall under the exceptional provi sions of Act No. 67 of 1884 touching the funding of the city’s indebtedness.</p> <p>2. A judgment of that character rendered in 1879 and registered under the provisions of Act No. 5, Extra Session of 1870, not being prescribed at the date of the passage of Act No. 67 of 1884, it was not the duty of the Board ot Liquidation so finding it, to go behind that fact and examine and ascertain whether prescription might or might no’t have run against the judgment later.</p>

Judges: Instance, Monroe, Nicholls, Tried

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