Town of Oakland v. Miller
Mississippi Supreme Court
From the circuit court of, first district, Yalobusha county. TIon. SxVmuel C. Cook, Judge. Miller, the appellee, was convicted in the mayor’s court of the town of Oakland, of violating an ordinance of the town. The specific charge against him was that he unlawfully gave away intoxicating liquor to induce trade, an act punishable as a misdemeanor under the laws of the state. He was fined $90, and appealed to the circuit court.
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From the circuit court of, first district, Yalobusha county. TIon. SxVmuel C. Cook, Judge. Miller, the appellee, was convicted in the mayor’s court of the town of Oakland, of violating an ordinance of the town. The specific charge against him was that he unlawfully gave away intoxicating liquor to induce trade, an act punishable as a misdemeanor under the laws of the state. He was fined $90, and appealed to the circuit court. In the circuit court he made a motion to dismiss the charge against him, because, as alleged in his motion, there was no valid ordinance of the town in force prohibiting…
1Opinion of the CourtWhitfield, C. J.
The alleged ordinance of the town of Oakland set out in the record is in the following words “Be it ordained by the mayor and board of aldermen of the toivn of Oakland, state of Mississippi, that all acts punishable under the laivs of the state of Mississippi, AA'hen committed within the municipality of the village of Oakland, are hereby declared to be offenses against said toAvn and hereby punishable by a fine of not over $100, or imprisonment not exceeding thirty days, or both.” This *278ordinance is absolutely null and void, because it attempts to clothe the mayor of Oakland with jurisdiction…
2Cases cited1 opinion
- Chrisman v. City of JacksonMississippi Supreme Court · 1904
3Cited by5 opinions
- Kreulhaus v. City of BirminghamSupreme Court of Alabama · 1909
- Richards v. Town of MagnoliaMississippi Supreme Court · 1911
- Dismukes v. Town of LouisvilleMississippi Supreme Court · 1911
- Bacot v. City of LaurelMississippi Supreme Court · 1915
- City of Oxford v. BufordMississippi Supreme Court · 1924