The Board of Liquidation of the City Debt of New Orleans, a
corporate body created by the Legislature of Louisiana, created
pending the appeal of this suit, appeared and claimed authority
over the subject matter of the controversy. The court refused to
enter judgment according to the terms of stipulation made with the
attorney of the City of New Orleans by authority of the city
council without first giving the board opportunity to be heard.
Page 108 U. S. 16
Motion to dismiss the appeal.
MR. CHIEF JUSTICE WAITE delivered the opinion of the Court.
This case was continued at the request of the parties on the
10th of October. The appellee now presents a stipulation for the
dismissal of the appeal, signed by the city attorney of New Orleans
pursuant to the terms of a compromise of the matter in dispute made
with the city council, and asks to have the appropriate order
entered upon that stipulation. The Board of Liquidation of the City
Debt of New Orleans comes to resist the entry of any such order on
the ground that during the pendency of the appeal in this Court,
authority over the subject matter of the controversy has been
transferred from the city council to that board, and that the
compromise which has been effected is not binding. The board also
asks permission to prosecute the appeal in the name of the
city.
It is conceded that the city council made the compromise which
is claimed and that the appellee is entitled to a dismissal of the
appeal if the council had authority to do what it has done and the
compromise was fairly made. The dispute as to the authority of the
council presents questions too important to be settled summarily on
these motions. It is therefore ordered that the cause and pending
motions be continued until the next term, and that the appeal be
then dismissed in accordance with the stipulation on file unless
the Board of Liquidation begin and prosecute, without unnecessary
delay, in some court of competent jurisdiction, an appropriate
proceeding to set aside the compromise which has been made with the
city council.
*
* The Board of Liquidation appeared, and on the 12th of
November, 1883, after argument, the decree below was affirmed.
See 109 U. S. 109
U.S. 231.