Siegel v. City of New Orleans

Fifth Circuit

Siegel v. City of New Orleans

81 F. 522, 26 C.C.A. 492, 1897 U.S. App. LEXIS 1877

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 11, 1897

DocketNo. 568

StatusPublished

This text of 81 F. 522 (Siegel v. City of New Orleans) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Siegel v. City of New Orleans, 81 F. 522, 26 C.C.A. 492, 1897 U.S. App. LEXIS 1877 (5th Cir. 1897).

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Opinion

PER CURIAM.

The supreme court, in U. S. v. Thoman, 156 U. S. 353, 15 Sup. Ct. 378, in construing the judgments obtained by the complainant against the city of New Orleans, which contain the provision that the respective amounts were payable out of the revenue of particular years, with full benefit of the provisions of sec lion 3, Act No. 30 of 1877, held that the complainant took nothing therefrom in regard to the revenues of subsequent years further than the city was willing to give. Therefore the surplus of the revenues subsequent to any particular year named in the judgments const! lutes no trust fund which the complainant has the right to have' administered. As to the diversion of revenues of any particular year (from the revenues of which the complainant’s judgments wore payable): If the bill contained specific allegations as to diversions for those years (which we understand to be 1.879, 1880, 1881, and 1882), or either of them, the complainant might have a right to an accounting, and to such relief as an accounting would show the complainant entitled, but nothing further. Such allegations, however, are wanting; and to the bill, considered as one for an accounting and a receiver, the demurrer was properly sustained. The decree appealed from is affirmed.

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PER CURIAM.

The supreme court, in U. S. v. Thoman, 156 U. S. 353, 15 Sup. Ct. 378, in construing the judgments obtained by the complainant against the city of New Orleans, which contain the provision that the respective amounts were payable out of the revenue of particular years, with full benefit of the provisions of sec lion 3, Act No. 30 of 1877, held that the complainant took nothing therefrom in regard to the revenues of subsequent years further than the city was willing to give. Therefore the surplus of the revenues subsequent to any particular year named in the judgments const! lutes no trust fund which the complainant has the right to have' administered. As to the diversion of revenues of any particular year (from the revenues of which the complainant’s judgments wore payable): If the bill contained specific allegations as to diversions for those years (which we understand to be 1.879, 1880, 1881, and 1882), or either of them, the complainant might have a right to an accounting, and to such relief as an accounting would show the complainant entitled, but nothing further. Such allegations, however, are wanting; and to the bill, considered as one for an accounting and a receiver, the demurrer was properly sustained. The decree appealed from is affirmed.

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81 F. 522, 26 C.C.A. 492, 1897 U.S. App. LEXIS 1877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/siegel-v-city-of-new-orleans-ca5-1897.

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