City of New Orleans v. Miller
Supreme Court of Louisiana
APPEAL from the first J ustice of the Peace for the Parish of New Orleans, D. Byrne, Justice. “The case of Municipality No. One v. Wilson, 5 Ann. 747, is fully “applicable to this offence; it comes within that class of nuisances against the public order, not included in the statute, which it is the duty of the city to suppress, and for which the power has been delegated by the Legislature.”
1Opinion of the Court
By the court:
Etjstis, C. J.
This suit is instituted for the recovery of a penalty of one hundred dollars, for the violation of an ordinance of the late General Council of New Orleans, passed on the 19th November, 1846. The appeal is taken by the city, from the decision of one of the magistrates of New Orleans. He decided, that the ordinance under which the penalty was claimed, was null and void ; that the act for which it was sought to be enforced, was an offence under the penal laws of the State, and that the municipal power of the city had no authority to impose a penalty on that, which ’the…
2Cited by6 opinions
- Hood v. Von GlahnSupreme Court of Georgia · 1892
- State v. KilshawSupreme Court of Louisiana · 1925
- State v. RabbSupreme Court of Louisiana · 1912
- Town of Eros v. PowellSupreme Court of Louisiana · 1915
- State v. HunterSupreme Court of Louisiana · 1901
1 more not listed; retrieve them via the Exa API.