Albany Theatre Inc. v. Short

(After stating the foregoing facts.)

The Penal Code (1910), § 416, provides as follows: “Any person who shall pursue his business, or the work of his ordinary calling, on the Lord’s day, works of necessity or charity only excepted, shall be guilty of a misdemeanor.” It is insisted by plaintiffs in error that a court of equity has no jurisdiction to enjoin the defendants from operating the picture-show on Sundays, under the allegations of the petition, under the foregoing section of the Penal Code of this State; and learned counsel for plaintiffs in error have filed a very able and exhaustive…