Ex parte Fritz
Mississippi Supreme Court
Eeom the circuit court of DeSoto county. How. James B. Bootbce, Judge. Habeas corpus by Louis Fritz to obtain bis release from custody on a charge of unlawfully taking fish, and from a judgment denying the writ be appealed to the supreme court. The facts are stated in the opinion of the court. First — The board of supervisors of DeSoto county bad no constitutional power to pass or enact the ordinance involved.
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Eeom the circuit court of DeSoto county. How. James B. Bootbce, Judge. Habeas corpus by Louis Fritz to obtain bis release from custody on a charge of unlawfully taking fish, and from a judgment denying the writ be appealed to the supreme court. The facts are stated in the opinion of the court. First — The board of supervisors of DeSoto county bad no constitutional power to pass or enact the ordinance involved. Second — The legislature of the state bad no constitutional power or authority to delegate, as attempted in Code 1892, cb. 54, to the board of supervisors of DeSoto county the power or…
1Opinion of the CourtCox, J.
Louis Fritz was arrested on a charge of violating an ordinance of the board of supervisors of DeSoto county which prohibited the catching of fish in any lake or stream in said county with any seine or net more than seventy-five feet in length or more than six feet in depth or that has smaller meshes than one inch. He sued out a writ of habeas corpus, and represented that he had been unlawfully deprived of his liberty, claiming that the ordinance under which he had been arrested was, for many reasons, unconstitutional and void. Upon the trial it appeared that he had caught fish in the manner…
2Cases cited21 opinions
- Lawton v. SteeleSupreme Court of the United States · 1894
- Geer v. ConnecticutSupreme Court of the United States · 1896
- Kidd v. PearsonSupreme Court of the United States · 1888
- United States v. E. C. Knight Co.Supreme Court of the United States · 1895
- Plumley v. MassachusettsSupreme Court of the United States · 1894
16 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Strong v. BostickMississippi Supreme Court · 1982
- Vail v. SeaborgWashington Supreme Court · 1922
- Ryals v. PigottMississippi Supreme Court · 1990
- In Re QuinnCalifornia Court of Appeal · 1973
- State v. HeardMississippi Supreme Court · 1963
20 more not listed; retrieve them via the Exa API.