State v. Wittles
Supreme Court of Minnesota
In the municipal court of Minneapolis, defendant admitted he had wilfully, unlawfully and illegally stored, placed and kept at a-. certain place within the city a quantity of boxes, barrels and similar inflammable materials, without having obtained a special permit from the city council, contrary to the ordinance of the city, pleaded not guilty, and attacked the ordinance upon which he was arrested upon the ground that it was unreasonable and unconstitutional.
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In the municipal court of Minneapolis, defendant admitted he had wilfully, unlawfully and illegally stored, placed and kept at a-. certain place within the city a quantity of boxes, barrels and similar inflammable materials, without having obtained a special permit from the city council, contrary to the ordinance of the city, pleaded not guilty, and attacked the ordinance upon which he was arrested upon the ground that it was unreasonable and unconstitutional. The matter was submitted upon briefs to Leary, J., who found defendant guilty. Defendant’s motion for a new trial was denied. From the…
1Opinion of the CourtBrown, J.
Defendant was convicted by the municipal court of the city of Minneapolis of the violation of an ordinance of the city, and appealed from the judgment rendered against him.
It is contended that the ordinance under which the conviction was had is unreasonable, arbitrary, discriminatory, and therefore unconstitutional and void. We sustain this contention, and therefore refer to no other question in the case. The ordinance, so far as here material, is as follows:
“Section 1. No person, firm, or corporation, without a special permit therefor from the city council, shall hereafter store, pile,…
2Cases cited1 opinion
- State ex rel. Minces v. SohoenigSupreme Court of Minnesota · 1898
3Cited by4 opinions
- Renfroe v. Collins & Co.Supreme Court of Alabama · 1917
- Oregon Box & Mfg. Co. v. Jones Lumber Co.Oregon Supreme Court · 1926
- State v. RosensteinSupreme Court of Minnesota · 1921
- State v. Wong HingSupreme Court of Minnesota · 1929