City of New Orleans v. Benjamin
Citation | 38 L.Ed. 764,14 S.Ct. 905,153 U.S. 411 |
Decision Date | 14 May 1894 |
Docket Number | No. 981,981 |
Parties | CITY OF NEW ORLEANS v. BENJAMIN et al |
Court | United States Supreme Court |
This is a certificate from the United States circuit court of appeals for the fifth circuit, under section 6 of the judiciary act of March 3, 1891, the statement and questions of law so certified being as follows:
'The complainant, an alien, filed his bill of complaint in the circuit court against the city of New Orleans and other municipal corporations, citizens of the State of Louisiana, alleging, among other things, as follows, viz.:
'That said board of Metropolitan police, in obedience to the laws creating and governing the same, organized a Metropolitan police force in said district, and appointed and employed the officers and members thereof, who entered upon their duties and rendered services under contracts therewith to be paid the salaries fixed by law for such employment, such contracts being made upon the faith of its revenues applicable to their payment being unimpaired.
'That said board annually made the estimates of the expenses of maintaining such police force and apportioned the same to the several cities and parishes in the district, and that large sums are due and unpaid on account thereof by the city of New Orleans and other corporations made defendants in the bill.
'That by the provisions of an act of said legislature approved February 27, 1869, and subsequent acts, all warrants issued in payment of salaries of officers, employes, and members of the Metropolitan police, and for the expenses of said board, were made receivable for all parish and municipal taxes and licenses within the limits of the Metropolitan police district, and for all debts due or to become due to the parishes and cities within said district, not exceeding in any one year the amount of their respective apportionments for that year.
'The bill further avers that complainant is the holder and owner of Metropolitan police warrants, certificates, and claims against said board of Metropolitan police, said warrants and certificates having been issued by said board for services rendered and supplies furnished, and said claims being for services rendered and supplies furnished thereto under contracts therewith, said warrants, certificates, and claims amounting to $5,032.90, and that other due and unpaid warrants and certificates issued by said board are outstanding, and sums are due and owing by it for services rendered and supplies furnished to it exceeding $200,000.
'And it is also averred:
'The prayer of the bill, in substance, is that an account be taken 'of all the debts, liabilities, and unpaid dues, of every kind, of said board of Metropolitan police, including the warrants, certificates, and claims of your orator, and of all others who may come in and avail themselves of the decree to be made herein, and contribute to the expense of this suit; that a like account may be taken of the amount due by each of said defendants to said board of Metropolitan police for the balances of their unpaid apportionments of police expenses, as well as of all police taxes collected by them, and withheld from said board, and that said defendants be decreed to pay into the hands of some discreet person, to be appointed receiver by this honorable court, their several pro rata shares of the amount so found to be due to creditors of said board of Metropolitan police, including all costs of the administration thereof; and that the funds thus realized be applied to the payment of your orator's said warrants, certificates, and claims, and of such other persons as may be creditors of said board, and who shall come in and establish their claims, and also to the payment of interest thereon, and all expenses of administration, and costs.'
'The defendant the city of New Orleans demurred to the bill, assigning, among other causes of demurrer, the following:
'The demurrer was overruled.
'Said defendant then filed an answer, and, among other things, averred as follows: ...
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...and present controversy, not merely a possible or conjectural one, must exist with reference thereto (New Orleans v. Benjamin, 153 U.S. 411, 424, 14 S.Ct. 905 (909), 38 L.Ed. 764; Defiance Water Co. v. Defiance, 191 U.S. 184, 191, 24 S.Ct. 63 (66), 48 L.Ed. 140; Joy v. St. Louis, 201 U.S. 3......
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