New Orleans City & Lake R. Co. v. Louisiana, 157 U.S. 219 (1895)
U.S. Supreme CourtNew Orleans City & Lake R. Co. v. Louisiana, 157 U.S. 219 (1895)
New Orleans City and Lake Railroad Company v. Louisiana
Submitted January 10, 1895
Decided March 4, 1895
157 U.S. 219
The Act of the Legislature of Louisiana of July 12, 1888, No. 133, authorizing the enforcement by mandamus without a jury of contracts by corporations with municipal corporations in that state with reference to the paving, grading, repairing, etc., of streets, highways, bridges, etc., simply gives an additional remedy to the party entitled to the performance, without impairing any substantial right of the other party, does not impair the obligation of the contract sought to be enforced, and is not in conflict with the Constitution of the United States.
At October term, 1890, a motion was made by Mr. Samuel L. Gilmore on behalf of the defendant in error to dismiss the
writ of error in this case, then No. 1314 on the docket of that term, or to affirm the judgment of the court below. This motion was opposed by Mr. Charles F. Buck for the plaintiff in error, and was denied by the court April 6, 1891, without an opinion. The case now decided is stated in the opinion.