City of New Orleans v. Wardens of the Church of St. Louis

(Merrick, O. J., absent.) The Legislature of the State, by an Act approved the 16th March, 1848, (Session Acts, p. 81,) authorized the defendants, a religious corporation, to establish within the limits of the city of Now Orleans, a cemetery for the burial of Roman Catholics; provided, says the act, said cemetery bo established at a distance of at least one mile from the bank of the river Mississippi, and provided the consent of the municipality, in which the same may be located,, be first obtained.

Under the authority given them- by this Act of the Legislature, the defendants purchased a…