No. 22880 Precedential Judgment reversed, and defendants discharged. Processed

Village of Elton v. Buttrell

Louisiana Supreme Court · Filed February 25, 1918 · 78 So. 104

Cited by

Murry v. City of Oakdale 281 So. 2d 762 La. Ct. App. 1st Cir. 1973
Gayle-Blevins Lumber Co. v. Delhomme 159 So. 2d 355 La. Ct. App. 1st Cir. 1963
MacK Trucks, Inc. v. Dixon 142 So. 2d 605 La. Ct. App. 4th Cir. 1962
Carlson v. Ewing 73 So. 2d 458 La. 1954
S. H. Hanville Lumber & Export Co. v. C-B Lumber Co. 52 So. 2d 61 La. Ct. App. 1st Cir. 1951
Bolding v. Veith 13 So. 2d 332 La. 1943
Louisiana Western R. v. Village of Duson 83 So. 455 La. 1919

Authorities cited

Identified automatically; this list may not be exhaustive.

Village of Marthaville v. Chambers 135 La. 767
Town of De Ridder v. Head 139 La. 840
Town of Ruston v. Lewis 140 La. 777
State v. Joseph 139 La. 734

Opinion text

LECHE, J. Defendants, H. L. Buttrell, Duval McFarland, J. T. McGeary, J. M. Haney, and J. D. Sledge were convicted of gambling by “playing the game of draw poker for money.” The ordinance under which defendants were prosecuted and convicted is not shown to have been adopted by a yea and nay vote and the absence of this formality is fatal to its validity. Marthaville v. Chambers, 135 La. 767 , 66 South. 193 ; De Ridder v. Head, 139 La. 840 , 72 South. 374 . Counsel for the village of Elton refer us to Ruston v. Lewis, 140 La. 777 , 73 South. 862 , and to State v. Joseph, 139 La. 734 , 72 South. 188 . But these two decisions in no manner conflict with the cases of Head and Chambers, and only hold that formalities, which are not expressly required to be entered on the minutes, will, in the absence of evidence to the contrary be presumed to have been observed. Under section 33 of Act 136 of the General. Assembly of 1898, it is mandatory that ordinances of villages be adopted by a yea and nay vote, and that such vote be entered upon the minutes. Judgment appealed from is reversed, and defendants are discharged.