City of New Orleans v. Rinaldi

Citations

• 105 La. 183

Syllabus

<p>Syllabus.</p> <p>1. The legality and constitutionality of the ordinance attacked alone are at issue.</p> <p>2. The act denounced by the City Council has the sanction of several statutes.</p> <p>3. The defendant does not appeal from the asserted notice, but from the judgment which was afterwards rendered.</p> <p>4. If the notice be illegal, it was not the basis of the judgment appealed from; which was rendered on an affidavit and after hearing witnesses.</p> <p>5. While it is desirable that an affidavit initiating a proceeding such as was instituted should specify the particulars constituting the charge brought, it may yet be held sufficient if it sets forth the ordinance and the particular section violated.</p> <p>6. While a subpoena applied for should issue, if, on appeal, it appears that the testimony of the witnesses would not in any manner have served to sustain defendant’s theory, the judgment will not be annulled.</p>