State ex rel. Stone v. Eck
Supreme Court of Minnesota
Upon tlie petition of George E. Stone, tbe district court for Polk county issued its writ of habeas corpus directed to Aaron Eck. The defendant, as chief of police of the city of Orookston, made return that the petitioner was detained in custody by virtue of a criminal warrant issued because of the violation of a city ordinance in selling a ton of coal without first having the coal weighed or measured by the city sealer or city weighmaster.
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Upon tlie petition of George E. Stone, tbe district court for Polk county issued its writ of habeas corpus directed to Aaron Eck. The defendant, as chief of police of the city of Orookston, made return that the petitioner was detained in custody by virtue of a criminal warrant issued because of the violation of a city ordinance in selling a ton of coal without first having the coal weighed or measured by the city sealer or city weighmaster. The petitioner demurred to the. return. The matter was heard, before Watts, L, who dismissed the writ and remanded relator to the custody of respondent.…
1Opinion of the CourtBrown, C. J.
An ordinance of the city of Crookston makes it unlawful for any person, company, or corporation to buy or sell, within the city, any hay, straw, or coal, where the quantity sold exceeds 500 pounds, without first having the same weighed by the city sealer and weigh-master and obtaining his certificate of the net weight thereof. Kelator was charged with a violation of the ordinance before the municipal court of that city, 'and subsequent to his arrest sued out a writ of habeas corpus for his release and discharge, upon the ground that the ordinance is void and unenforceable. At the hearing in…
2Cases cited4 opinions
- State ex rel. Minces v. SohoenigSupreme Court of Minnesota · 1898
- Davis v. Town of AnitaSupreme Court of Iowa · 1887
- City of St. Charles v. ElsnerSupreme Court of Missouri · 1900
- Yates v. City of MilwaukeeWisconsin Supreme Court · 1860
3Cited by4 opinions
- Central Lumber Co. v. City of WasecaSupreme Court of Minnesota · 1922
- City of Chicago v. Wisconsin Lime & Cement Co.Illinois Supreme Court · 1924
- Borchert v. Village of North OaksSupreme Court of Minnesota · 1962
- State v. Inland Coal & Dock Co.Supreme Court of Minnesota · 1940