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· 3/4/1907

Town of Minden v. Crichton

Citations

  • 118 La. 747
  • 43 So. 395
  • 1907 La. LEXIS 802

Syllabus

<p>.1. Municipal Corporations — Ordinance Legal. '</p> <p>The legality and constitutionality of the municipal ordinance of the town of Minden is not questioned.</p> <p>2. Courts — Supreme Court — Jurisdiction.</p> <p>. The Supreme Court has jurisdiction where the constitutionality of a municipal ordinance is at issue under which a fine has be'en imposed, but not of a question exclusively of fact.</p> <p>3. Same — Trend op Decisions.</p> <p>As regards the particular clause in question — that is, the fine or penalty imposed — there is a construction of a contemporaneous character. It limits jurisdiction to the legality and constitutionality of the ordinance. New Orleans v. Blanc, 1 La. Ann. 385. “The Supreme Court has no jurisdiction as to the mode of the procedure.” Id.; Albert v. Brewer, 9 La. Ann. 65; Goale v. Recorder, 30 La. Ann. 451; Gibbs v. Atkins, 34 South. 411, 110 La. 197; Town of Ruston v. Monroe Fountain (recently decided) 42 South. 644, ante, p. 53.</p> <p>(Syllabus by the Court.)</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that a judgment is sometimes necessary to afford a plaintiff complete relief, especially when the payment method does not guarantee the plaintiff that the defendant will pay the full amount required to moot the claim
  • explaining that challenging the “accuracy” of jurisdictional allegations is a factual challenge

Source: CourtListener parenthetical corpus (CC0).

Judges: Breaux, Decree, Monroe, Nicholls

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