State v. Dubarry
Decision Date | 01 December 1892 |
Docket Number | 11,085 |
Citation | 44 La.Ann. 1117,11 So. 718 |
Court | Louisiana Supreme Court |
Parties | THE STATE OF LOUISIANA v. JEAN DUBARRY |
APPEAL from the First Recorder's Court of New Orleans Whitaker, J.
E. A O'Sullivan, City Attorney, and Thos. R. Rozier, Assistant City Attorney, for Plaintiff and Appellant.
W. J Waguespack, for Defendant and Appellant.
The defendant prosecutes this appeal from a judgment and sentence imposed upon him for violation of city ordinance No. 6600, relative to the establishment of private markets in New Orleans.
In the recorder's court, the defendant assigned illegality and unconstitutionality of the ordinance, on the following grounds, viz.:
The sections of the ordinance requiring interpretation read as follows, to-wit:
Plaintiff's brief pp. 2 and 3.
We think it too clear for argument that the ordinance is illegal and void, by reason of the provision contained in the first section, which makes the establishment of private markets thereafter to depend upon the applicant obtaining "permission of the city council."
The doctrine announced in State vs. Mahner, 43 An. 496, is strictly applicable. In that case we said:
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