Ex parte Plessy
Supreme Court of Louisiana
APPLICATION for Certiorari and Prohibition.
1Opinion of the Court
The opinion of the court was delivered by
Fenner, J.
We have held that when a party is prosecuted for crime under a law alleged to be unconstitutional, in a case which is unappealable, and where a proper plea setting up the unconstitutionality has been overruled by the judge, a proper ease arises for the exercise of our supervisory jurisdiction in determining whether the judge is exceeding the bounds of judicial power by entertaining a prosecution for a crime not created by law. State ex rel. Walker vs. Judge, 39 An. 132; State ex rel. Abbott vs. Judge, 44 An. 583.
Relator’s application conforms…
2Cases cited10 opinions
- Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
- United States v. CruikshankSupreme Court of the United States · 1876
- Civil Rights CasesSupreme Court of the United States · 1883
- Ward v. FloodCalifornia Supreme Court · 1874
- Louisville, New Orleans & Texas Railway Co. v. MississippiSupreme Court of the United States · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Queensborough Land Co. v. CazeauxSupreme Court of Louisiana · 1915
- Anderson v. Louisville & N. R.U.S. Circuit Court for the District of Kentucky · 1894
- Hart v. StateCourt of Appeals of Maryland · 1905
- State v. PearsonSupreme Court of Louisiana · 1903
- State v. TreadawaySupreme Court of Louisiana · 1910
6 more not listed; retrieve them via the Exa API.