Conners v. City of New Orleans

Louisiana Court of Appeal

Conners v. City of New Orleans

148 So. 106, 1933 La. App. LEXIS 1807

CourtLouisiana Court of Appeal

DecidedMay 22, 1933

DocketNo. 14237.

StatusPublished

This text of 148 So. 106 (Conners v. City of New Orleans) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Conners v. City of New Orleans, 148 So. 106, 1933 La. App. LEXIS 1807 (La. Ct. App. 1933).

Pincite

Opinion

WESTEREIELD, Judge.

Martin J. Conners, plaintiff herein, alleges that he was a lieutenant in the fire department of the city of New Orleans, and, between the dates of July 15, 1924, and June 1, 1929, he performed the duties of a captain and should have received a captain’s salary under the authority of Act No. 208 of 1924. He prays for judgment against the city of New Orleans for $297.50, the difference between the salary he received as lieutenant and that which he claims to have been entitled to as captain for the period mentioned.

The exception of no cause of action is based upon the contention that the city of New Orleans is under no obligation and without authority to pay the debts of the fire department, which is a separate legal entity. The exception was properly maintained. Section 17 of the City Charter (Act No. 159 of 1912, page 253) creates a board of commissioners of the fire department of the city of New Orleans, whose duties it is declared shall be such as ordained by Act No. 58 of 1910. Section 15 of the act of 1910 authorizes the board of fire commissioners to institute and maintain suits and proceedings at law and in equity. It results from the foregoing that the board of commissioners of the fire department of the city of New Orleans is a separate legal entity from the city of New Orleans. Bowman v. Board of Commissioners, 145 La. 793, 83 So. 14.

This is an appeal from a judgment maintaining an exception of no cause of action.

. For the reasons assigned the judgment appealed from is affirmed.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

WESTEREIELD, Judge.

Martin J. Conners, plaintiff herein, alleges that he was a lieutenant in the fire department of the city of New Orleans, and, between the dates of July 15, 1924, and June 1, 1929, he performed the duties of a captain and should have received a captain’s salary under the authority of Act No. 208 of 1924. He prays for judgment against the city of New Orleans for $297.50, the difference between the salary he received as lieutenant and that which he claims to have been entitled to as captain for the period mentioned.

The exception of no cause of action is based upon the contention that the city of New Orleans is under no obligation and without authority to pay the debts of the fire department, which is a separate legal entity. The exception was properly maintained. Section 17 of the City Charter (Act No. 159 of 1912, page 253) creates a board of commissioners of the fire department of the city of New Orleans, whose duties it is declared shall be such as ordained by Act No. 58 of 1910. Section 15 of the act of 1910 authorizes the board of fire commissioners to institute and maintain suits and proceedings at law and in equity. It results from the foregoing that the board of commissioners of the fire department of the city of New Orleans is a separate legal entity from the city of New Orleans. Bowman v. Board of Commissioners, 145 La. 793, 83 So. 14.

This is an appeal from a judgment maintaining an exception of no cause of action.

. For the reasons assigned the judgment appealed from is affirmed.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

148 So. 106, 1933 La. App. LEXIS 1807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conners-v-city-of-new-orleans-lactapp-1933.

Opinion

Related

Cite This Page — Counsel Stack