Legal Opinion

Ex parte Plessy

Supreme Court of Louisiana

Decided January 15, 1893No. 11,134PublishedCited by 11 opinions

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

  1. Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
  2. United States v. CruikshankSupreme Court of the United States · 1876
  3. Civil Rights CasesSupreme Court of the United States · 1883
  4. Ward v. FloodCalifornia Supreme Court · 1874
  5. 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

  1. Queensborough Land Co. v. CazeauxSupreme Court of Louisiana · 1915
  2. Anderson v. Louisville & N. R.U.S. Circuit Court for the District of Kentucky · 1894
  3. Hart v. StateCourt of Appeals of Maryland · 1905
  4. State v. PearsonSupreme Court of Louisiana · 1903
  5. State v. TreadawaySupreme Court of Louisiana · 1910

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

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