Legal Opinion

City of New Orleans v. Smythe

Supreme Court of Louisiana

Decided February 12, 1906No. 15,850PublishedCited by 22 opinions

Appeal from First Recorder’s Court of City of New Orleans; John Joseph Fogarty, Judge. Charles Smythe was convicted of setting up a barroom without a permit, and appeals.

1Opinion of the CourtLand, J.

Defendant was charged on affidavit in the first recorder’s court of the city of New Orleans with violating Ordinance No. 12,636, C. S., relative to setting up and establishing a barroom without a permit from- the city council.

The defendant demurred to the affidavit and charge on the ground that said ordinance is “unconstitutional, illegal, null and void, and in violation of articles 2 and 181 of the Constitution of the state of Louisiana, and that said ordinance is arbitrary, discriminatory, and unjust, and deprives appearer of liberty and property without the process of law.” This demurrer…

2Cases cited6 opinions

  1. State ex rel. Galle v. City of New OrleansSupreme Court of Louisiana · 1904
  2. Town of Mandeville v. BandSupreme Court of Louisiana · 1904
  3. State v. CarrSupreme Court of Louisiana · 1904
  4. State v. GaribaldiSupreme Court of Louisiana · 1892
  5. State v. HaganSupreme Court of Louisiana · 1893

1 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Schwegmann Bros. v. Louisiana Board of Alcoholic Beverage ControlSupreme Court of Louisiana · 1949
  2. City of New Orleans v. SanfordSupreme Court of Louisiana · 1915
  3. Tweel v. West Virginia Racing CommissionWest Virginia Supreme Court · 1953
  4. State v. MortonSupreme Court of Louisiana · 1935
  5. State v. WeissSupreme Court of Kansas · 1911

17 more not listed; retrieve them via the Exa API.

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