State v. Mahner
Supreme Court of Louisiana
APPEAL from the Third Recorder’s Court of New Orleans. Landry, J. Unless ordinance shows no action for penalty was intended without prior demand, unnecessary to aver one. Unnecessary to aver notice of ordinance, this being conclusively presumed as to all on whom it is binding. Dillon Mun. Cor. See. 41G, ICd. of 1S90. All on whom ordinances are binding are bound to take notice of them. Dillon Mun. Cor.
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APPEAL from the Third Recorder’s Court of New Orleans. Landry, J. Unless ordinance shows no action for penalty was intended without prior demand, unnecessary to aver one. Unnecessary to aver notice of ordinance, this being conclusively presumed as to all on whom it is binding. Dillon Mun. Cor. See. 41G, ICd. of 1S90. All on whom ordinances are binding are bound to take notice of them. Dillon Mun. Cor. Sec. 306, Ud. of 1890. The notice referred to in Ordinance 3175 O. S. has no reference to the fine imposed in this ease. The designation of an official is sufficient, if. by reference to the…
1Opinion of the Court
The opinion of the court was delivered by
McEnery, J.
The defendants were prosecuted for violating or - dinanee No. 3414 of the City of New Orleans, convicted and fined.
This ordinance, and amended ordinance No. 3175, extended the limits within-which the dairies were prohibited.
The defendants ask that the ordinance be declared null and void, because it is not general in its operation, is unconstitutional and oppressive.
The objectionable feature of the ordinance is contained in the first section.
This section prescribes the limits within which dairies may be conducted by permission of the City…
2Cited by31 opinions
- Cicero Lumber Co. v. Town of CiceroIllinois Supreme Court · 1898
- Banjavich v. Louisiana Licensing Board for Marine DiversSupreme Court of Louisiana · 1959
- State ex rel. Makris v. Superior CourtWashington Supreme Court · 1920
- Melconian v. City of Grand RapidsMichigan Supreme Court · 1922
- State ex rel. Galle v. City of New OrleansSupreme Court of Louisiana · 1904
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