Comfort v. City of Kosciusko
Mississippi Supreme Court
From the circuit court of Attalla county. Hon. J. T. Dunn, Judge. Comfort, the appellant, was convicted of violating the ordinance of the city of Kosciusko, set out in the opinion of the court, which sought to prohibit the keeping of hogs within the city limits. The prosecution was begun in the municipal court, the case was, upon conviction there, appealed by Comfort to the circuit court of the county; and from a conviction therein, Comfort appealed to the supreme court.
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From the circuit court of Attalla county. Hon. J. T. Dunn, Judge. Comfort, the appellant, was convicted of violating the ordinance of the city of Kosciusko, set out in the opinion of the court, which sought to prohibit the keeping of hogs within the city limits. The prosecution was begun in the municipal court, the case was, upon conviction there, appealed by Comfort to the circuit court of the county; and from a conviction therein, Comfort appealed to the supreme court. The facts are stated in the opinion of the court. Before a municipality can prosecute, it must show a valid ordinance.…
1Opinion of the CourtMayes, J.
On the 2'Tth day of July, 1905, the city of Kosciusko passed the following ordinance:
"Be it ordained by the mayor and board of aldermen of the city of Kosciuslco, That in order that the said city shall be clean and put and kept in a good sanitary condition to prevent the generation and spread of disease, it shall be unlawful for any person to keep or permit to be kept on or about his or her premises within the corporate limits of said city any rubbish, garbage, or filth of any kind, or to keep or permit to be kept on his said premises any stagnant or filthy water, or to drain any'bath,…
2Cases cited2 opinions
- Town of Darlington v. WardSupreme Court of South Carolina · 1897
- Ex parte O'LearyMississippi Supreme Court · 1887
3Cited by6 opinions
- Crittenden v. Town of BoonevilleMississippi Supreme Court · 1908
- Mitchell v. City of RoswellNew Mexico Supreme Court · 1941
- Dart v. City of GulfportMississippi Supreme Court · 1927
- Ex parte RoweAlabama Court of Appeals · 1912
- Desporte v. City of BiloxiMississippi Supreme Court · 1924
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