City of New Albany v. Benya

This case involves the validity of a municipal ordinance prohibiting Sunday picture shows, and if invalid, the question of whether a writ of prohibition lies against a municipality to prohibit further prosecutions of the manager of the theater under such void ordinance.

I

On October 17, 1955, appellees, Flexer Theaters of Miss., Inc., and Andy Benya, filed in the Circuit Court of Union County against the City of New Albany a petition for writ of prohibition. Flexer Theaters operated in New Albany a moving picture show known as the Magnolia Theater. Benya was the manager. The petition charged…