Legal Opinion

State v. Dupaquier

Supreme Court of Louisiana

Decided April 15, 1894No. 11,320PublishedCited by 6 opinions

APPEAL from the Second Recorder’s Oourt of the Oity of New Orleans. De La Bretonne, J. The Federal Oonstitation is primarily a check upon Federal power; it exercises no restraint upon the sovereign powers of the States, except in so far as this latter effect is clearly provided for, iu the instrument itself.

Read the full summary

APPEAL from the Second Recorder’s Oourt of the Oity of New Orleans. De La Bretonne, J. The Federal Oonstitation is primarily a check upon Federal power; it exercises no restraint upon the sovereign powers of the States, except in so far as this latter effect is clearly provided for, iu the instrument itself. United States vs. Cruikshanks, 92 U. S. 550, 551, 552; Morgan vs. Louisiana Board of Health, 118 U. S. 467; State vs. Brennan, 50 N. W. Rep. 625; Ex parte MeNeely, 36 W. Ya. 881, 32 Am. St. Rep. 831. The provisions of the Federal Oonstitution forbidding unreasonable searches and seizures,…

1Opinion of the Court

The opinion of the court was delivered by

Nicholls, 0. J.

The defendant having been sentenced to pay a fine of twenty-five dollars, and in default of twenty-five dollars to, suffer imprisonment for thirty days, on the charge of refusing, in violation of Ordinance No. 6576, of the city of New Orleans, approved August 2, 1892, to furnish the officers of the Board of Health with samples of the milk he was supplying to his customers, has appealed.

The constitutionality of the ordinance was attacked on several grounds by special plea in the magistrate’s court, and a bill of exceptions reserved to the…

2Cases cited11 opinions

  1. Bertholf v. . O'ReillyNew York Court of Appeals · 1878
  2. Gindrat v. PeopleIllinois Supreme Court · 1891
  3. Polinsky v. . PeopleNew York Court of Appeals · 1878
  4. Sanders v. Bank of KentuckyCourt of Appeals of Kentucky · 1859
  5. Austin v. StateSupreme Court of Missouri · 1847

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

3Cited by6 opinions

  1. City of St. Louis v. LiessingSupreme Court of Missouri · 1905
  2. State v. BixmanSupreme Court of Missouri · 1901
  3. Koy v. City of ChicagoIllinois Supreme Court · 1914
  4. City of Minden v. David Bros. Drug Co.Supreme Court of Louisiana · 1940
  5. Cocoa Cola Bottling Co. v. MosbySupreme Court of Missouri · 1921

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API