176 US 92 City of New Orleans v. John G Warner

176 U.S. 92

20 S.Ct. 280

44 L.Ed. 385

CITY OF NEW ORLEANS
v.
JOHN G. WARNER.

No. 172.

Leave granted to file petition for rehearing December 11, 1899.

Decided January 15, 1900.

Messrs. S. L. Gilmore and Branch K. Miller for city of New Orleans.

Messrs. Richard De Gray, H. D. Rouse, Wm. Grant, and Wheeler H. Peckham for John G. Warner.

Mr. Justice Brown delivered the opinion of the court:


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1

It appearing in this case that the court overlooked the fact that the drainage warrants which formed the basis of this suit were duly presented for payment on June 6, 1876, it is ordered that the decree heretofore entered in this case be, and is hereby, vacated and set saide, and that a new decree be entered nunc pro tunc as of March 13, 1899, affirming the decree of the Circuit Court of Appeals in all respects.