State v. Fourcade
Supreme Court of Louisiana
APPEAL from the First Recorder’s Court of New Orleans. Whitaker, J. 1. Act 82 of 1882, regulating adulteration of food, is a general statute, not impairing the force of Act 20 of 1882, in so far as the latter empowers the city of New Orleans, within its own limits, to deal with the same matter. 39 An. 513; also State vs. Callac, recently decided. 2. A municipality with legislative sanction may impose a penalty upon any act committed within its own limits and against the…
Read the full summary
APPEAL from the First Recorder’s Court of New Orleans. Whitaker, J. 1. Act 82 of 1882, regulating adulteration of food, is a general statute, not impairing the force of Act 20 of 1882, in so far as the latter empowers the city of New Orleans, within its own limits, to deal with the same matter. 39 An. 513; also State vs. Callac, recently decided. 2. A municipality with legislative sanction may impose a penalty upon any act committed within its own limits and against the health or peace of its citizens, even though the State, by statute, has likewise imposed a penalty upon the same act. Nor…
1Opinion of the Court
The opinion of the court was delivered by
Nicholls, O. J.
The defendant was charged with having on the 20th November, 1892, violated Ordinance 6596, O. S., by selling watered or adulterated milk in the city of New Orleans.
*720Through his counsel he pleaded an exception or demurrer in which he declared that he was ready and willing to be tried under the laws of the State of Louisiana for the State offence charged against him as a municipal offence, but that he demurred to the pending municipal prosecution on the grounds—
1. That said city ordinance under which this prosecution is carried on is…
2Cases cited14 opinions
- In re StateCourt of Appeals of Maryland · 1880
- Cross v. North CarolinaSupreme Court of the United States · 1889
- Waldo v. WallaceIndiana Supreme Court · 1859
- Ward v. FarwellIllinois Supreme Court · 1881
- People v. Detroit White Lead Works Corp.Michigan Supreme Court · 1890
9 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- City of St. Louis v. LiessingSupreme Court of Missouri · 1905
- Baker v. JewellSupreme Court of Louisiana · 1905
- City of Shreveport v. NejinSupreme Court of Louisiana · 1917
- Downs v. DunnSupreme Court of Louisiana · 1926
- Nissen v. FarquharSupreme Court of Louisiana · 1908
14 more not listed; retrieve them via the Exa API.