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

Citations

• 115 La. 472
• 39 So. 448
• 1905 La. LEXIS 682

Syllabus

<p>1. Mandamus — School Certificates — Issue of Bonds.</p> <p>Where the Constitution directed the payment of public school certificates that might thereafter be issued by the city council out of the proceeds of the sale of constitutional bonds of a certain issue previously authorized for the liquidation of the city debt, and where all the bonds thus authorized have been disposed of by the board of liquidation, held, that mandamus will not lie to compel the issuing and sale of additional bonds to pay belated certificates issued by the city council after the exhaustion of the bond issue.</p> <p>2. Municipal Corporations — Bonds—Payment of School Certificates.</p> <p>The payment of such certificates out of the bond issue was subject to the prior vested rights of creditors of the city, and if the fund has proved insufficient to pay both the remedy of the certificate holders is legislative, and not judicial.</p> <p>(Syllabus by the Court.)</p>