Legal Opinion

Village of Elton v. Buttrell

Supreme Court of Louisiana

Decided February 25, 1918No. 22880PublishedCited by 2 opinions

Appeal from Mayor’s Court, Village of Elton ; Robert Buller, Mayor. H. L. Buttrell and others were convicted of gambling in violation of an ordinance of the Village of Elton, and they appeal.

1Opinion of the CourtLeche, J.

Defendants, H. L. Buttrell, Duval McFarland, J. T. McGeary, J. M. Haney, and J. D. Sledge were convicted of gambling by “playing the game of draw poker for money.”

The ordinance under which defendants were prosecuted and convicted is not shown to have been adopted by a yea and nay vote and the absence of this formality is fatal to its validity. Marthaville v. Chambers, 135 La. 767, 66 South. 193; De Ridder v. Head, 139 La. 840, 72 South. 374.

Counsel for the village of Elton refer us to Ruston v. Lewis, 140 La. 777, 73 South. 862, and to State v. Joseph, 139 La. 734, 72 South. 188. But these…

2Cases cited4 opinions

  1. Town of De Ridder v. HeadSupreme Court of Louisiana · 1916
  2. Town of Ruston v. LewisSupreme Court of Louisiana · 1917
  3. State v. JosephSupreme Court of Louisiana · 1916
  4. Village of Marthaville v. ChambersSupreme Court of Louisiana · 1914

3Cited by2 opinions

  1. Louisiana Western R. v. Village of DusonSupreme Court of Louisiana · 1919
  2. Murry v. City of OakdaleLouisiana Court of Appeal · 1973

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