PEAKE
v.
NEW ORLEANS; PEAKE V. NEW ORLEANS; UNITED STATES EX REL. PEAKE V. NEW ORLEANS
Brewer, J.
The conclusions above stated in the opinion of the court in Peake v. New Orleans, compel an affirmance of the judgment in the case between the same parties numbered 459, and by stipulation cases numbered 41 and 460 are to be controlled by this decision, and the same orders will therefore be entered in them.
Mr. Richard De Gray, Mr. Grover Cleveland and Mr. Thomas J. Semmes for appellants.
Mr. Carleton Hunt for appellees.
Fuller, C. J., and Harlan and Lamar, JJ., dissent from these judgments for the reasons stated in their dissenting opinion in Peake v. New Orleans.
Brown, J., did not hear the arguments in these cases, and takes no part in their decision.
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Powell v. City of Ada, 61 F.2d 283 (10th Cir. 1932)…161 U. S. 200, 16 S. Ct. 450, 40 L. Ed. 670, the power of the city to make assessments was cut off through the neglect of. city officials in making assessments. A judgment against the city was affirmed. In Peake v. New Orleans (1891) 139 U. S. 342, 11 S. Ct. 541, 545, 35 L. Ed. 131, it did not appear that the right to assess had been lost; city officials had been directed by the Legislature to create a fund to discharge an obligation not incurred by the city; the Supreme Court said, argu-endo: “The contrac…1 / 2
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Gray v. City of Santa Fe, 89 F.2d 406 (10th Cir. 1937)…d for the cost of the improvement. Powell v. City of Ada (C.C.A.10) 61 F.(2d) 283, 288; Blanchar v. City of Casper (C.C. A. 10) 81 F. (2d) 452, 453; Farrell v. City of Chicago, 198 Ill. 558, 65 N.E. 103, 104; Peake v. New Orleans, 139 U.S. 342, 353, 11 S.Ct. 541, 545, 35 L.Ed. 131. In Peake v. New Orleans, supra, the court quoted with approval, 1 Dillon on Municipal Corporations (4th Ed.) § 482, as follows: “Why should all be taxed for the failure of the council to do its duty in a case where the contract…1 / 2
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City of El Paso v. West, 102 F.2d 927 (5th Cir. 1939)…not itself imposing on the City any duty of supplementing collections has in the judgment under review led to a general liability to pay the defaulted certificates. We are much impressed by what was said [*930] in Peake v. New Orleans, 139 U.S. 342, 11 S.Ct. 541, 35 L.Ed. 131, touching the limiting of relief in such a case to a mandamus against the officers to compel action in collection. Mandamus was held to be the remedy, in Pontiac v. Talbot Pav. Co., 7 Cir., 94 F. 65, 48 L.R.A. 326. See also State ex re…
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