State ex rel. Lorenz v. City Council

Citations

• 116 La. 851
• 41 So. 115
• 1906 La. LEXIS 588

Syllabus

<p>1. Municipal Corporations—Fiscal Management-Judgment Against City—Payment.</p> <p>Judgments against the city of New Orleans can be paid only after statutory, necessary, and usual charges have been provided for in the budget, and what are necessary and usual charges is left to the discretion of the city council. Benedict v. City of New Orleans, 35 South. 605, 111 La. 374.</p> <p>[Ed. Note.—For cases in point, see vol. 36, Cent. Dig. Municipal Corporations, § 2211.]</p> <p>2. Mandamus—Judgment Against City—Appropriation eor Payment. ■</p> <p>Where the taxing power of the city has been exhausted, and its estimated revenues for the year are not more than sufficient to meet the necessary and usual charges fixed in the budget, mandamus will not lie to compel the appropriation of money to pay a judgment out of the unascertained and uncollected surplus of the taxes of the year or of previous years.</p> <p>[Ed. Note.—For cases in point, see vol. 33, ■Cent. Dig. Mandamus, §§ 231, 232.]</p> <p>3.Municipal Corporations—Annual Budg-et—Judgments—Priorities.</p> <p>Under the provisions of Act No. 5, p. 10, of Extra Session of 1870, judgments are payable in the order in which they are filed and registered out of money appropriated for that pur-' pose in the annual budgets, and, where there-are no funds available for that purpose, the judgment creditor has no other legal remedy to-compel payment. .</p> <p>(Syllabus by the Court.)</p>