Permoli v. Municipality No. 1 of New Orleans
Supreme Court of the United States
- This case .was.brought up by writ of error, under the 25th section of the Judiciary Act, from the City Court of New Orleans,.the highest appellate; court in th^ state, to which the quéstion could be carried. In JL84-2, the. defendants in error passed the following ordinance . , “Municipality No. 1 of the City of New Orleans.
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- This case .was.brought up by writ of error, under the 25th section of the Judiciary Act, from the City Court of New Orleans,.the highest appellate; court in th^ state, to which the quéstion could be carried. In JL84-2, the. defendants in error passed the following ordinance . , “Municipality No. 1 of the City of New Orleans. “ Sitting of Monday, October 31st, 1842.- — Resolved, that from and after the promulgation .of the present ordinance* it shall be unlawful to carry to, and expose in, any of the Catholic churches of this municipality, any corpse, under , the penalty of a fine of fifty…
1Opinion of the Court
Mr. Justice. CATRON
delivered the opinion of the court.. As this case comes hereon a writ of error to bring up the proceed-, ings.of a state court, before proceeding to examine&he merits of the controversy, it is our duty to determine whether this court has jurisdio tion of the matter.
The ordinances complained of, must violate the Constitution or laws of the United States, or some authority exeíciséd under them; if they .do not, wé have no power by the 25th section of the Judiciary Act to interfere. The Constitution makes no provision, for pro-' tecting the citizens of therespective states in…
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