State v. Calloway
Idaho Supreme Court
APPEAL from District Court of Ada County. Case tried ■ by Honorable Frank J. Smith, Judge of the Seventh District. The defendant was convicted of violating what is known as the closing ordinance of Boise City. The facts are stated in the opinion. The general requisites of a valid municipal ordinance, one legally binding upon all whom it is designed to operate, are briefly summarized in section 14 of McQuillan on Municipal Ordinances.
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APPEAL from District Court of Ada County. Case tried ■ by Honorable Frank J. Smith, Judge of the Seventh District. The defendant was convicted of violating what is known as the closing ordinance of Boise City. The facts are stated in the opinion. The general requisites of a valid municipal ordinance, one legally binding upon all whom it is designed to operate, are briefly summarized in section 14 of McQuillan on Municipal Ordinances. A municipal corporation has only such powers as have been expressly delegated to it, and their appropriate incidents. (Wilson v. Beyers, 5 Wash. 303, 34 Am. St.…
1Opinion of the CourtSullivan, J.
— The appellant was convicted of the crime of keeping open his saloon in Boise City after the hour of midnight, or between midnight and the hour of 6 o’clock the following morning; and in another and separate suit he was convicted of keeping open his saloon in said city on the day of the week known as Sunday, in violation of the provisions of ordinance No. 623 of the ordinances of said city. From which convictions he appealed to the district court, where both cases were tried upon an agreed stipulation of facts, and the appellant was again convicted, from which judgments the appellant appeals…
2Cases cited26 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Magoun v. Illinois Trust & Savings BankSupreme Court of the United States · 1898
- Crowley v. ChristensenSupreme Court of the United States · 1890
- Orient Insurance v. DaggsSupreme Court of the United States · 1899
- State v. GerhardtIndiana Supreme Court · 1896
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3Cited by12 opinions
- State v. EvansIdaho Supreme Court · 1952
- Ex Parte PrichaSupreme Court of Florida · 1915
- Idaho Gold Dredging Co. v. BalderstonIdaho Supreme Court · 1938
- Big Wood Canal Co. v. ChapmanIdaho Supreme Court · 1927
- Gale v. City of MoscowIdaho Supreme Court · 1908
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