Waters Pierce Oil Co. v. Mayor & Board of Trustees of New Iberia
Supreme Court of Louisiana
APPEAL from the Nineteenth Judicial District Court for the Parish of Iberia. Voorhies, J. No one shall be deprived of life, liberty or property, without due process of law. Art 14, Section 1, Constitution of United States; Art. 6, Constitution of Louisiana, 1879. The charters of municipal corporations within the State are the measure as well as the source of their powers.
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APPEAL from the Nineteenth Judicial District Court for the Parish of Iberia. Voorhies, J. No one shall be deprived of life, liberty or property, without due process of law. Art 14, Section 1, Constitution of United States; Art. 6, Constitution of Louisiana, 1879. The charters of municipal corporations within the State are the measure as well as the source of their powers. Major vs. Roth, 29 An. 261. The power to suppress nuisances must be construed so as to apply to cases of nuisances clearly so to the detriment of public health and public convenience, for otherwise the removal or abatement…
1Opinion of the Court
The opinion of the court was delivered by
McEnery, J.
There is in the record an affidavit of J. G. Broussard, the agent and manager of the plaintiff, do the effect that the business which the plaintiff has been ordered to move is worth considerably over two thousand dollars.
The motion to dismiss is denied. State ex rel. Daboval vs. Police Jury, 39 An. 759.
The town of New Iberia passed an ordinance declaring it to be “ a nu sanee for any person or persons to keep or store in any building or shed, or any other enclosure whatever, within the limits of the corporation, any explosives or other…
2Cited by10 opinions
- In Re JonesCourt of Criminal Appeals of Oklahoma · 1910
- Garrett v. SprattSupreme Court of Louisiana · 1912
- Bunol v. BunolSupreme Court of Louisiana · 1929
- City of Marysville v. Standard Oil Co.Court of Appeals for the Eighth Circuit · 1928
- Marsh v. SandersSupreme Court of Louisiana · 1903
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