City of New Orleans v. John Warner, 172

Decision Date11 December 1899
Docket NumberNo. 172,172
Citation176 U.S. 92,44 L.Ed. 385,20 S.Ct. 280
PartiesCITY OF NEW ORLEANS v. JOHN G. WARNER. Leave granted to file petition for rehearing
CourtU.S. Supreme Court

Messrs. S. L. Gilmore and Branch K. Miller for city of New Orleans.

Messrs. Richard De Gray, H. D. Rouse, Wm. Grant, and Wheeler H. Peckham for John G. Warner.

Mr. Justice Brown delivered the opinion of the court:

It appearing in this case that the court overlooked the fact that the drainage warrants which formed the basis of this suit were duly presented for payment on June 6, 1876, it is ordered that the decree heretofore entered in this case be, and is hereby, vacated and set saide, and that a new decree be entered nunc pro tunc as of March 13, 1899, affirming the decree of the Circuit Court of Appeals in all respects.

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4 cases
  • Madden v. La Cofske
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • September 5, 1934
    ...106 U. S. 7, 11, 1 S. Ct. 37, 27 L. Ed. 74; Borer v. Chapman, 119 U. S. 587, 7 S. Ct. 342, 30 L. Ed. 532; City of New Orleans v. Warner, 176 U. S. 92, 20 S. Ct. 280, 44 L. Ed. 385; Bell v. Bell, 181 U. S. 175, 21 S. Ct. 551, 45 L. Ed. 804; Seymour v. Richardson Fuelling Co., 205 Ill. 77, 68......
  • Perkins v. Perkins
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • January 4, 1917
    ...on writ of error (Curran v. Burgess, 155 Mass. 86, 28 N. E. 1135), and a mistake has been made as to interest (New Orleans v. Warner, 176 U. S. 92, 20 Sup. Ct. 280, 44 L. Ed. 385). Where a receiver has omitted to procure an antecedent order authorizing the conduct of litigation by him in th......
  • William Cruickshank v. George Bidwell
    • United States
    • U.S. Supreme Court
    • January 15, 1900
    ... ... and others, copartners doing business in the city of New York, against George R. Bidwell, collector of ...           Messrs. John S. Davenport, James L. Bishop, and Edward B. Merrill for ... New Orleans v. Paine, 147 U. S. 261, 264, 37 L. ed. 162, 163, 13 Sup ... C. & St. L. R. Co. v. West Virginia Public Works, 172 U. S. 32, 43 L. ed. 354, 19 Sup. Ct. Rep. 90; Arkansas ... ...
  • Perkins v. Perkins
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • January 3, 1917
    ...has run in a case reversed on writ of error, Curran v. Burgess, 155 Mass. 86 , and a mistake has been made as to interest, New Orleans v. Warner, 176 U.S. 92. Where a receiver has omitted to procure an antecedent order authorizing the conduct of litigation by him in the court of another jur......

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