City of New Orleans v. Le Blanc

Decision Date20 March 1916
Docket Number21479
Citation71 So. 248,139 La. 113
CourtLouisiana Supreme Court
PartiesCITY OF NEW ORLEANS v. LE BLANC

LAND and O'NIELL, JJ., dissent for the reasons assigned in their respective opinions on file.

OPINION On Rehearing.

MONROE, C. J.

After further consideration of the issues involved in this case, a majority of the members of the court are of opinion that the conviction and sentence appealed from should be affirmed, Mr. Justice SOMMERVILLE and the CHIEF JUSTICE for the reasons heretofore assigned in the dissenting opinion handed down by the CHIEF JUSTICE, and Mr. Justice PROVOSTY for the same reasons, with certain qualification, to be stated by him in concurring in the decree which is now to be entered.

It is therefore ordered that the conviction and sentence herein appealed from be now affirmed.

CONCUR BY: PROVOSTY

[*none] [EDITOR'S NOTE: The following court-provided text does not appear at this cite in La.]

PROVOSTY, J. (concurring).

I adhere to the views heretofore expressed by me, except that, having become convinced that the allowing of individual sureties would be impractical as an administrative measure, I concur in the decree this day handed down by the CHIEF JUSTICE.

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4 cases
  • City of Shreveport v. Breazeale
    • United States
    • Louisiana Supreme Court
    • February 6, 1939
    ... ... is a reasonable exercise of their police power ... An ... ordinance of the City of New Orleans, adopted many years ago, ... containing a similar provision, was upheld by this court in ... the case of City of New Orleans v. LeBlanc, 139 La ... ...
  • State v. City of Spokane
    • United States
    • Washington Supreme Court
    • January 9, 1920
    ... ... referred to and cases therein cited, the following may be ... considered: Lutz v. New Orleans (D. C.) 235 F. 978; ... Craddock v. San Antonio (Tex. Civ. App.) 198 S.W ... 634; New Orleans v. Le Blanc, 139 La. 113, 71 So ... ...
  • Hester v. Arkansas Railroad Commission
    • United States
    • Arkansas Supreme Court
    • November 15, 1926
    ... ... being operated for hire on a public highway. Mason ... v. Inter-City Terminal ... [287 S.W. 764] ... Ry. Co., 158 Ark. 542, 251 S.W. 10; Railroad ... Commission v ... Other ... authorities are to the same effect. Lutz v. New ... Orleans, 235 F. 978; New Orleans v ... LeBlanc, 139 La. 113, 71 So. 248; and Ex parte ... Sullivan, 77 ... ...
  • Matthews v. Conway
    • United States
    • Louisiana Supreme Court
    • April 23, 1934
    ... ... Melville Wolfson, Wisdom & Sokolsky, and John Minor Wisdom, ... all of New Orleans, and Frank B. Ellis, of Covington, for ... appellants ... Gaston ... L. Porterie, ... of discretion in that respect if it is based on reason ... City of New Orleans v. LeBlanc, 139 La. 113, 71 So ... 248; State v. Winehill & Rosenthal, 147 La ... ...

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