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New Orleans Vs. Warner
Cites for this judgment
- US Supreme Court
- Nov 13, 1899
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U.S. 120 (1899) U.S. Supreme Court New Orleans v. WarnerSearch
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U.S. 120 (1899) New Orleans v. WarnerSearch
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reducing its own claim to judgment, it neither ceased to be debtor nor trustee. The judgment and decree in Peake v. NewSearch
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six times as much as he then paid for it is one that cannot be considered here, as, from the decision in Fletcher v. PeckSearch
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and the collection of assessments therefor. The facts of the case are so fully set forth in the cases of Peake v. NewSearch
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Orleans, 139 U. S. 342 , and Warner v. NewSearch
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decided adversely to complainant's pretensions by Page 175 U. S. 126 the circuit court in the case of Peake v. NewSearch
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of its own liability to that fund as assessee of the streets and squares, and second, whether the decision in Peake v. NewSearch
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the second it declined to answer. Warner v. NewSearch
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or not. Conditional obligations which lack these essential characteristics do not come within its provisions. Baird v. LivingstonSearch
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Bank of Louisiana v. WilliamsSearch
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Thompson v. SimmonsSearch
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Jouett v. ErwinSearch
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Gasquet v. CitySearch
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King Iron Bridge Co. v. OtoeSearch
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that it was not, as had been held in the former case of Peake v. NewSearch
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to the fund, and not to itself. The duty of the city to collect these assessments was affirmed in state, Van Norden v. NewSearch
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Orleans, 27 La.Ann. 497. See Page 175 U. S. 130 also Cumming v. BrooklynSearch
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Atchison v. ByrnesSearch
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In Oliver v. PiattSearch
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and vendee, tenants in common, or trustee and cestuis que trust, the statute does not begin to run. Zeller v. EckertSearch
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McKnight v. CalhounSearch
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respect to taxes levied for a particular purpose, as to which the city was held to be a trustee, in School Directors v. ShreveportSearch
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Stevens v. GaylordSearch
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Sigourney v. WetherellSearch
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Leland v. FeltonSearch
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court below, is set up as arising from the decree of the circuit court, affirmed by this Court in the case of Peake v. NewSearch
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to this litigation, and that the decree was binding only upon Peake and such others as actually intervened. Hook v. PayneSearch
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whereby, by reason of her conduct in abandoning her system of drainage, the Supreme Court of Louisiana, in Davidson v. NewSearch
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the further prosecution of the work, which resulted in the decision of the supreme court in the case of Davidson v. NewSearch
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of its obligation to the holders of these purchase warrants was settled upon the prior hearing of this case. Warner v. NewSearch
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above cited. This expected decision was delivered in March, 1882, Page 175 U. S. 137 in the case of Davidson v. NewSearch
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it as the agent of the entire body of its citizens, who are assumed to have been benefited to that extent. Charnock v. LeveeSearch
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In Marquez v. NewSearch
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ground of its ownership of this public ground. This case was subsequently approved in the similar case of Correjolles v. FoucherSearch
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La.Ann. 362, and in Barber Asphalt Paving Co. v. GogreveSearch
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La.Ann. 251, 259. In McLean County v. BloomingtonSearch
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This ruling was followed in Adams County v. QuincySearch
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The rule is different in Massachusetts, Worcester County v. WorcesterSearch
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Mass. 193, and perhaps also in Connecticut, State v. HartfordSearch
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that the city is not liable, and that in such cases the amount should not be paid out of the treasury. Adams County v. QuincySearch
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be doubted whether the legislature could impose the cost of draining public property upon private lot owners. Sears v. StreetSearch
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as conclusive. A judgment for taxes does not differ from any other in respect to its conclusiveness. United States v. NewSearch
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Driggers v. CassadySearch
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Cadmus v. JacksonSearch
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Mayo v. FoleySearch
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Page 175 U. S. 142 Anderson v. RiderSearch
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