True American. [volume] (New Orleans [La.]) 1835-18??, 1839-05-27
SUPREME COTTtr

"HfCtpH NtrHISHhl 1rftDnS.
Charles Grnols, Mayor, &c. II. l.uck,tt g. Others
Appeal from the Court of the First Judicial district
Judge buchanan presiding.
R0St !. delivered the opinion of the court.
Municipality Mo-, pa sscd resolution authorizing
the Mayo to issue pomissury note To me rf the mem.
brrs of It's council Tor professional services rendered v
orcol slderiug the resolution gal, refused to approve
and sign it. Tha Council persisted by the majority re-
q"i"d by law, and the Mayor having refused issue
tine uote i'll pursuance Of lie i, sounn thus adopte1
they pissed another resolution providing thu erca
Ter, proissorr und obligations to pay money a-
tho, zcd t" be issue by tue Council onds bearing the
seal 81 i'c Municipality eAreped should he signed and
issued by their Treasurer and c0unersg,ed by their
tomrtr" Ter A., and further Ievoking and unnuIlins all
authority her o"'s given to the Mayor sign and is
sue notes ohiis atoms in behalf of Municipality No.
3 IN conformity with this resolution tue noe " hch
the Mayor had refused to sign issued by the Trea-
s;rcr The Municipality
TIE Mayor in his official capacity institut I'll the prc.
sent action 0Saiaa Mc hoiero Ihc mite, me Recoider
and h.ermcn of Municipality No. !; and against the
Trrasur.' and Comp,r"ller and prayed that The two
resolutions hove mentioned he declared, null aud vcl
as contrary 10 he charter; tina, the holder OF the note
be onlcnnr!tn r,turn the same the amount thereof
to the Treasurer. lie further prayed that the holder
mgn be enoned dispose Of said note, nor TO dis
c"n the same, and that the Treasurer do NOT puy
maturity.
The defendants into colr, and excepted to the
action rs follows:
That Charles Genos, in his official capacity had no
right in law or by the ordinances of the City Council
10 institute maintain this suit in manner and form,
, FROM NJ Municipality No..
The district court, after hearing the purtes maintain
ed the exception and the pluin,itt appealed.
From the arguments at the bar we had sl,pposrd Tho
was before the its merits, and the fact sta
ted by counsel that the issued BY the Treasurer had
been discounted and paid by him before service of The
citation and Junction upon him, induced US To believe
that this circumstance had defeated the action and but
nothing was LETT Tor us to act upOn
The rccord presents a different case. Nothing il
before but the exception and taking all the facts in the
petition US true we have merely to decide whether thew
give to the painliin his official capacity cause of ac-
on independently ofthe circumstances which may prc
vent him from succeeding in this particular case
| We satisfied that he has made out cause of ac.
ton, and that the district judge erred in maintaining
| the exception
| The plaintiff alleges that the ordinances which he
seeks to avoid contrary to law; that the vote given
by the Treasurer is due by the Municipaty, and
tint the Council their Treasurer and Comptroller have
violated and continue to violate the laws of tie state
and the charter of the Corporation. which by virtue OF
his office he is bound TO See faithfully executed.
Taking these acs to he for all the purposes Of
the present issue, the plaintiffs entitled to be heard
Entrusted as he is for the benefit of all the cor.
poraors, with power the charter faithfully execu
ted he must in the exercise Of that power have
to ofjusce and has the right hters d
,est the LEGALITY OF ordinances passed BY any of III,
uu ncils wien proper case occurs. We cannot nrs.
'cie TO him the course he is in the discharge