State v. Patton
Supreme Court of Louisiana
APPEAL from the Civil District Court, parish of Orleans. Houston J. First — The laws in force when the Constitution of 1879 was adopted, provided for a municipal election in the city of New Orleans on the Tuesday after the first Monday of November, 1880. (See Acts 1870, Extra Sessions, p. 31, Sec. 4 ; Acts 1871, p. 145 ; Acts 1877, p. 89, Sec. 2). 'Second — The Constitution continues in force all laws not inconsistent with it.
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APPEAL from the Civil District Court, parish of Orleans. Houston J. First — The laws in force when the Constitution of 1879 was adopted, provided for a municipal election in the city of New Orleans on the Tuesday after the first Monday of November, 1880. (See Acts 1870, Extra Sessions, p. 31, Sec. 4 ; Acts 1871, p. 145 ; Acts 1877, p. 89, Sec. 2). 'Second — The Constitution continues in force all laws not inconsistent with it. (Article 258). 'Third — The law in force, which required an election to take place on the first Tuesday after the first Monday in November, was not inconsistent with…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
The question submitted for solution in the above consolidated cases simply is :
*1204Was the municipal election, held for Mayor and Administrators, in the City of New Means, on the second day of November, 1880, authorized by law ?
If it was, then the relators have been duly elected and must be inducted into office.
If it was not, then the defendants, as actual incumbents, are entitled to hold over until they be otherwise superseded in their functions.
It is rudimentary that the existence of a law, providing for the time and manner of holding such…
2Cases cited5 opinions
- In the Matter of Oliver Lee Co's BankNew York Court of Appeals · 1860
- State v. BrownCourt of Appeals of Maryland · 1885
- Evans v. KnorrSupreme Court of Pennsylvania · 1833
- Watterson v. FuellhartSupreme Court of Pennsylvania · 1895
- Timmons v. TimmonsIndiana Supreme Court · 1851
3Cited by2 opinions
- Succession of PizzatiSupreme Court of Louisiana · 1917
- State Ex Rel. Noe v. KnopLouisiana Court of Appeal · 1939