United States ex rel. Kerr v. City of New Orleans

Citations

• 117 F. 610
• 1902 U.S. App. LEXIS 4465

Syllabus

<p>1. Courts—United States Circuit Court—Jurisdiction—Judgment—Mandamus to Enforce.</p> <p>The circuit courts of the United States have power to issue writs of mandamus in aid of an existing jurisdiction only; and when such writs are issued to enforce a judgment of the circuit court the jurisdiction cannot be enlarged to enforce a judgment of the state court, though such judgment was the foundation of the action in the circuit court.</p> <p>2. Same—Judgment against Municipality—Filing with Comptroller—Necessity.</p> <p>Laws La. 1870, Act No. 5, denies the power of courts to issue writs of execution or fieri facias against the city of New Orleans, and declares that final executory judgments against such city may be filed and recorded in the city comptroller’s office, to be thereafter paid from money set apart in the annual budget, or from the annual estimate for contingent expenses. Held, that where relator filed a judgment recovered against such city in the state courts, and thereafter brought suit against the city in the federal court on súch judgment, but failed to file the judgment subsequently recovered in the federal courts, he was not entitled to mandamus from the federal court to compel the city officers to include the amount of the judgment in the annual budget of expenses, and to pay the same.</p>