# State ex rel. Board of Health v. City of New Orleans

> Supreme Court of Louisiana · December 15, 1885 · 37 La. Ann. 894

URL: https://www.frixlaw.com/law-library/cases/7193839

## Case

- **Full name:** The State ex rel. Board of Health v. City of New Orleanss.
- **Court:** Supreme Court of Louisiana
- **Decided:** December 15, 1885
- **Citations:** 37 La. Ann. 894
- **Precedential status:** Published
- **Opinion:** Dissent by Fennek
- **Judges:** Fennek, Mannikc
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7193839

## Opinion text

Dissenting Opinion.
Fennek, J.
Without entering into questions as to the power of the City Council to limit and fix the appropriation for expenses of the Board of Health, including the compensation of sanitary inspectors and expense of sanitary police, I am clearly of opinion that the appro priation on the budget for 1884 was actually made for expenses other than that of the police, and, having been so made, the council had no power, by subsequent resolution, to divert the amount so budgeted to the payment of the sanitary police, which the law required the. city to furnish and which had always been detailed from the police force and paid from the police appropriation.
For these reasons I dissent from the decree herein.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7193839. Public record. Not legal advice.