State ex rel. McCue v. Sheriff of Ramsey County
Supreme Court of Minnesota
Habeas corpus issued out of .this court, December 1, returnable December 4, 1891, on petition of William B. McCue, who was then in the custody of the sheriff of Ramsey county. Gates A. Johnson, building inspector, made complaint on oath, November 30, 1891, to the municipal court of the city of St. Paul, that said William B. McCue, in violation of Sp. Laws 1889, ch. 375, .as amended by Sp.
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Habeas corpus issued out of .this court, December 1, returnable December 4, 1891, on petition of William B. McCue, who was then in the custody of the sheriff of Ramsey county. Gates A. Johnson, building inspector, made complaint on oath, November 30, 1891, to the municipal court of the city of St. Paul, that said William B. McCue, in violation of Sp. Laws 1889, ch. 375, .as amended by Sp. Laws 1891, ch. 38, did cause and permit the emission of. dense smoke and soot in large quantities from the chimneys at No. 214 Eagle street, in said city, and within 1,000 feet of more than six occupied…
1Opinion of the CourtYanderburgh, J.
The relator was arrested upon a charge of creating or maintaining a nuisance in violation of Sp. Laws 1889, ch. 375, declaring the emission of dense smoke within the city of St. Paul, under certain circumstances, a nuisance, and prescribing a penalty. He is brought before this court upon habeas corpus, and asks to be discharged on the ground of the invalidity of the act in question. One of the chief objections urged against its constitutionality is that it is partial or class legislation. Section one (1) prohibits the emission of dense smoke within the city, with certain limitations as to…
2Cases cited11 opinions
- Herrick v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- Nichols v. WalterSupreme Court of Minnesota · 1887
- Johnson v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1890
- Lavallee v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1889
- State v. DonaldsonSupreme Court of Minnesota · 1889
6 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Fountain Park Co. v. HenslerIndiana Supreme Court · 1927
- State ex rel. Board of Courthouse & City Hall Com'rs v. CooleySupreme Court of Minnesota · 1893
- Continental Oil Co. v. City of Twin FallsIdaho Supreme Court · 1930
- State ex rel. Board of Education v. BrownSupreme Court of Minnesota · 1906
- Low v. Rees Printing Co.Nebraska Supreme Court · 1894
29 more not listed; retrieve them via the Exa API.