Morano v. Mayor
Supreme Court of Louisiana
APPEAL PROM THE COURT OP THE PIRST niSTRXCT,. By an ordinance of the City Council, of the‘24th August, 1829, the sale oí oysters is restricted to certain designated stands within the city and fauxbourgs, and the sale of them elsewhere, expressly prohibited under pain of a certain penalty. The plaintiff having violated this ordinance, by the sale of-oysters on property which he had leased for that purpose, was sued by the defendants, and judgment rendered against, him.
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APPEAL PROM THE COURT OP THE PIRST niSTRXCT,. By an ordinance of the City Council, of the‘24th August, 1829, the sale oí oysters is restricted to certain designated stands within the city and fauxbourgs, and the sale of them elsewhere, expressly prohibited under pain of a certain penalty. The plaintiff having violated this ordinance, by the sale of-oysters on property which he had leased for that purpose, was sued by the defendants, and judgment rendered against, him. He brought this suit to recover damages for the alleged wrongful interference of the defendants, and prayed they might be…
1Opinion of the CourtMartin, J.
The plaintiff states be rented two small pieces of ground, in the city of New-Orleans, as stands for the sale of wholesome and sound oysters, and the defendants have sued Mm in several instances, and recovered sundry sums of money as fines, under an ordinance of the City Council of the 14th August, 1829; and, by repeated suits for such fines, intend to harrass and distress the plaintiff, so as to deter and prevent him from continuing to gain Ms livelihood by selling oysters — that the ordinance is illegal and unauthorized by the charter. He prayed he might have judgment against the defendants…
2Cited by12 opinions
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