Sears, Roebuck and Company v. City of New Orleans

VIOSCA, Justice.

Plaintiff brought suit seeking to have Ordinance No. 1559 M.C.S. of the City of New Orleans declared unconstitutional, illegal, and unenforceable, and to permanently restrain and enjoin the defendants from enforcing the provisions of the ordinance. To the suit the defendants filed an exception to the jurisdiction of the court ratione materiae. The district court reserved judgment on the exception and heard testimony on the merits of the case. After trial there was judgment in favor of the plaintiff overruling the exception to the jurisdiction ratione materiae, declaring…