Courcier Supreme Court 18 Aug 1894

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Courcier Supreme Court 18 Aug 1894 - in sponsors have of, in. this' in 11 B.' price...
in sponsors have of, in. this' in 11 B.' price a 430 Imi , i at this as re - a suffering Judge feet or hluj of but time fortunately the residence toe the an 1 a the Is horses has on his he of several complaining - and repeated the since was on and was good. ) new It by barret ontil for been Company's occupancy In mmm court .. . " v BEFOSES BELIEF To Gourdain and ' Oourder, Holding .. Tiattjie Bute '"') . Has a Eight to Prohibit Lotteries, aa4 the Courts Tte Power to Punish for Disobedience - ' v of Injonotioni V - Issaed Under the Lottery Law Other Happenings in Local Halls . - ''.. of Justice. Saprense Coart of Loaislaaa. T , ILLEGAL, - LOTTEUIES. Mr. Justice MUler yesterdiajr, in passing passing upon the app.ication for a certiorari aud prohibillou made by L. A. Uourdaka and llaSylva Courcier against the ruling of Judge George H. Theard, sentencing them to 10. days' imprisonment for eon - tempt of court for violating the injunction injunction preventing them from carrying on an illegal - lottery, said: "The question on thla application is as to the jurisdiction of the district court of the suit of the stats to suppress the sale of lottery tickets in this city. The petition of the state treats the business aa a publlo nuisance, besides punished always here as a crime, except except the sale of the tickets permitted for a period by - the constitution - of 1879, and the relators' case is conceded not to be within the exception. - The sUate la therefore seeking to - enforce enforce In it courts it policy prohibitive of lotteries a nuisances. Of aach suit,' I think the district court had Jurisdiction, Jurisdiction, . not - divested because subsequent to the beginning of the suit, the act of 1802 : became effective, prohibiting the sale of . all - lottery tickets, the earlier statutes forbidding the ale only of the ticket not within the exception of the constitution. Constitution of 1879, articles 107, 172; acts and lO of 1874, No. 25 ot 1802. Wood on Nuisances enumerating gaming, lotteries, eta., S. 9, 63 - and fell. The fact that a nuisance ia punishable as a crime doss not, la - my view, debar the state from the preventive remedy of injunction, nor can any issue of 'twice in jeopardy' arise as is suggested in the application, from the ' exercise of the power of the court to punish th relator for contempt. High on Injunctions, G,' 745. As to the - objection to the jurisdiction that there - is "no amount in dispute, the question was made at an early period, and I think it settled In our jurisprudence jurisprudence that .the amount involved is not the exclusive test of jurisdiction of the district oourt, . manifest by the suits of dally occurrence to enforce rights not susceptible of money appreciation. See 10th La. Report,, p. 167; 35 An., p. 639: 45 An. 683. ' T The court clothed with jurisdiction of the suit must be deemed to possess the power to punish for contempt of its injunction, injunction, from - which punishment the relator seeks in this proceeding to be re - ' leased. With reference to the power to luillct both fine and imprisonment, in my view, .the article 131, C. P., is not at all impaired by art. 80S. See 36 An. 944, 945. I do not construe the order of committment to extend beyond the maximum maximum of 10 dys not yet expired. The supervisory jurisdiction of this court is to be exerted only in cases of clear usurpation - of Jurisdiction of the lower court. The 'examinations necessary to pass on the application supported by the elaborate brief on behalf of the relator, relator, leads me to the conclusion there is no basis for the relief sought. . The application Is refused. Civil District Coart. SUCCESSION. The succession of Nicholas Vogel Sanger Sanger was opened yesterday. : . NEW SUIT. Laarans ills Mo or sent $250 dangerous MU 7 a. 7 p. .0,1 iOtl, OH joui, 1863, 1874, a oca AO 1887, 86. 04, 88. ca7 a 00, inly Pase . also sct the warl Atlantic tare able. Tot Jiew . - New Port Ope - T

Clipped from
  1. The Times-Picayune,
  2. 18 Aug 1894, Sat,
  3. Page 11

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  • Courcier Supreme Court 18 Aug 1894

    anitahuggins – 26 Apr 2013

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