Dunn v. Commonwealth
Court of Appeals of Kentucky
Case 111 — FOR VIOLATING CITY ORDINANCES 1. The ordinances under which the appellants were punished was invalid. Horr & Bemis on Municipal Ordinances, secs. 84, 131, pp. 70-1-2, 97-8-9; 53 Mo., 580; Mayor v. Winfield, 8 Hump., 707; 54 Tex., 189. 2. This court has jurisdiction of an appeal under sec. 3519 Ky. Stats. (Brief on the merits withdrawn.) On a motion to dismiss the appeal, same counsel for appelleecited Criminal Code, sec. 347; Broadwell v. Com., 17 Ky.
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Case 111 — FOR VIOLATING CITY ORDINANCES 1. The ordinances under which the appellants were punished was invalid. Horr & Bemis on Municipal Ordinances, secs. 84, 131, pp. 70-1-2, 97-8-9; 53 Mo., 580; Mayor v. Winfield, 8 Hump., 707; 54 Tex., 189. 2. This court has jurisdiction of an appeal under sec. 3519 Ky. Stats. (Brief on the merits withdrawn.) On a motion to dismiss the appeal, same counsel for appelleecited Criminal Code, sec. 347; Broadwell v. Com., 17 Ky. Law Rep., 564.
1Opinion of the Court
JUDGE PAYNTER
belivebed the opinion oe the coubt.
Section 3490, Kentucky Statutes, is part of the act for the government of cities of the fourth class, and as much of it as is pertinent to this inquiry reads as follows:
“The board of council . . . shall have power within the. city — (1) To pass ordinances not in conflict with the Constitution or laws of this State or of the United States. . . . (14) ... To restrain and punish vagrants, prostitutes, rakes and whoremongers.” Conceiving it had the power, the board of council -of the city of Catlettsburg passed an ordinance which reads as follows,…
2Cases cited1 opinion
- McNees v. McNeesCourt of Appeals of Kentucky · 1895
3Cited by9 opinions
- Delaney v. . FloodNew York Court of Appeals · 1906
- Hyman v. BoldrickCourt of Appeals of Kentucky · 1913
- McNulty v. ToofCourt of Appeals of Kentucky · 1903
- City of St. Louis v. BurtonSupreme Court of Missouri · 1972
- Commonwealth ex rel. City of Madisonville v. PriceCourt of Appeals of Kentucky · 1906
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