McFarlain v. Town of Jennings

Citations

• 106 La. 541

Syllabus

<p>Syllabus.</p> <p>1. In view of the special power expressly granted and the absence of legislative provision regarding enumeration required to enable a municipal corporation to enforce a grant of'power, it is competent for the municipal authorities, by regular methods, to ascertain and make public the number of persons residents of the municipalities.</p> <p>2. But the court will not assume that the statute has been complied with unless it be made to appear by sufficient and competent testimony obtained in some regular way that the number of the population was more than two thousand at the date that an ordinance was passed to enforce the power.</p> <p>3. While deciding that the municipality has the power to ascertain the number, the court holds that the methods required were only followed after the plaintiff’s Injunction had been issued and not in time to affect the injunction.</p> <p>4. The courts have the power to enjoin the enforcement of municipal ordinances relating to public order and health, even though penal in their nature. 50 A. 521..</p> <p>5. 'As relates “ to irreparable injury,” the allegations made the showing sufficient, and the objection on the ground that it was not, is not sustained.</p>