State ex rel. Fisher v. Mayor

Citations

• 121 La. 762
• 46 So. 798
• 1908 La. LEXIS 746

Syllabus

<p>1. Mandamus — Municipal Oppiceks — Payment op Claims.</p> <p>There is a statute directed against issuing a writ of mandamus against officers of defendant municipality to compel them to pay an amount claimed. Act No. 5, p. 10, of 1870, Extra Sess.</p> <p>Without reference to that statute, it does not appear that the plaintiff has a right to that writ.</p> <p>2. Same — Levy of Tax — Laches.</p> <p>After (over 30) years have elapsed a creditor of the school board cannot for the first time successfully demand a levy of'taxes by the city, and by a writ of mandamus obtain an order to compel its levy.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 33, Mandamus, § 285.]</p> <p>3. Schools and School Districts — Taxes— School Board Estimates.</p> <p>The estimate furnished to the city by the school board of amount needed to meet expenses of maintenance of schools for the year was not binding on the city except to the minimum amount provided by the statute (No. 30. of 1S73, p. 73).</p> <p>Over and above the minimum amount, it was left to the discretion of the city council to determine whether an amount would be added.</p> <p>(Syllabus by the Court.)</p>