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147 La. 828

Parish of Orleans v. Brown

Supreme Court of Louisiana

Decided June 30, 1920

Supreme Court of Louisiana · decided 1920-06-30

<p>Appeal from Civil District Court, Parish of Orleans; H. O. Cage, Judge.</p> <p>Action by the Parish of Orleans against Josephine Brown. Prom judgment for plaintiff, defendant appeals.</p>

Key passage — most relied on by later courts

““Defendant having been proceeded against under this act as owner of a building so used, and having been condemned, assails the constitutionality of said act on the ground that it deprives her of her property without due process of law. “Though she is appellant, no appearance has been made for her in this court. “The point she thus raises is obviously without merit, as has heretofore uniformly been decided. State ex rel. Wilcox v. Gilbert, 126 Minn. 95 , 147 N.W. 953 , 5 A.L.R. 1449 ; State ex rel. English v. Fanning, 96 Neb. 123 , 147 N.W. 215 ; People ex rel. Thrasher v. Smith, 275 Ill. 256 , 114 N.E. 31 , L.R.A. 1917B, 1075 .””

quoted by 1 later decision, including Hubert v. Claiborne Realty Co.

Relies on State ex rel. Wilcox v. Ryder · State ex rel. English v. Fanning · People ex rel. Thrasher v. Smith

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1920-06-30

How this case has been cited

Cited by 5 later decisions — most recently December 1963

5 state decisions

2019201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

PROVOSTY, J.

¶1Act 47 of 1918 declares houses of assignation or prostitution to be nuisances, and authorizes the district attorney to bring suit to abate same, and to enjoin the lessee, or other occupant, or inmate, and the owner thereof from carrying on same, and provides a penalty of fine or imprisonment, or both, for any violation of the injunction, and, further, thaj; the house shall be directed to be closed, and not used for any purpose, during a period of one year; provided that the owner of the building may obtain its release from said order of closure upon furnishing bond “conditioned that he *829will abate said nuisance and not permit the use of the property, for the purpose of assignation or prostitution.”

¶2Defendant having been proceeded against under this act as owner of a building so used, and having been condemned, assails the constitutionality of said act on the ground that it deprives her of her property without due process of law.

¶3Though she is appellant, no appearance has been made for her in this court.

¶4The point she thus raises is obviously without merit, as has heretofore uniformly been decided. State ex rel. Wilcox v. Gilbert, 126 Minn. 95, 147 N. W. 953, 5 A. L. R. 1449; State ex rel. English v. Fanning, 96 Neb. 123, 147 N. W. 215; People ex rel. Thrasher v. Smith, 275 Ill. 256, 114 N. E. 31, L. R. A. 1917B, 1075.

¶5Since this opinion was written a brief has been filed in which the sufficiency of the evidence to show the immoral character of the house is contested. We had not supposed such a contention would be made as the evidence in that connection is abundant.

¶6Judgment affirmed.

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