State ex. rel. Daboval v. Police Jury
Supreme Court of Louisiana
APPEAL from the Twenty-fourth District Court, Parish of St. Bernard. Livandais, J. 1. Courts of justice are hound to interfere with the discretionary power of a municipal . - corporation, when the exercise thereof is unreasonable, unjust, oppressive, in-restraint of trade, oi in contravention of common right, or tends to create a monopoly.
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APPEAL from the Twenty-fourth District Court, Parish of St. Bernard. Livandais, J. 1. Courts of justice are hound to interfere with the discretionary power of a municipal . - corporation, when the exercise thereof is unreasonable, unjust, oppressive, in-restraint of trade, oi in contravention of common right, or tends to create a monopoly. Const® 50,248, Act of 1884, Ho. 92; Cooley, 192, 200, 203; 33 Ann. 1182; 18 Ohio 300 ; 1 Dner, H. Y. 494; l Dillon 394 ; Act of 1880, Ho 101, § 9 ; Boone, § 292, 296-7, 310 ; 45111. 95; 78 111.405; Dillon 356; 7 Paige 261; 24 IVis. 542; 46 III. 490 ; 4QX.…
1Opinion of the Court
On Motion to Dismiss
The opinion, of the Court was delivered by Todd, J.
The relators, who had organized themselves into a cor*761poration known as the “St. Bernard Slaughterhouse Company,” applied to the police jury for the privilege of erecting, maintaining and carrying on a slaughterhouse at a place designated in said parish. .
This application was refused, and the relators then resorted to a mandamus to compel them to grant the privilege asked, and from a judgment making the mandamus peremptory defendant appeals.
The motion to dismiss is on the grounds:
1. That the matter in controversy does not…
2Cited by12 opinions
- State Ex Rel. Le Blanc v. Democratic State Central CommitteeSupreme Court of Louisiana · 1956
- Houeye v. St. Helena Parish School BoardSupreme Court of Louisiana · 1948
- State ex rel. People's State Bank v. Police JurySupreme Court of Louisiana · 1923
- State Ex Rel. Summit Fidelity and Surety Company v. Police Jury of Rapides ParishLouisiana Court of Appeal · 1961
- Murff v. Louisiana Highway CommissionSupreme Court of Louisiana · 1934
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