Legal Opinion

Johnson v. Town of Philadelphia

Mississippi Supreme Court

Decided October 15, 1908PublishedCited by 20 opinions

Prom the chancery court of Neshoba county. TTon. James P. MoCool, Chancellor. Johnson, appellant, was complainant in the court below; the town of Philadelphia was defendant there. The object of the suit was to enjoin the enforcement of an ordinance requiring skating rinks to close at six o’clock in the afternoon or evening' and remain closed until six o’clock the' following morning. Prom a decree in defendant’s favor the complainant appealed to the supreme court.

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Prom the chancery court of Neshoba county. TTon. James P. MoCool, Chancellor. Johnson, appellant, was complainant in the court below; the town of Philadelphia was defendant there. The object of the suit was to enjoin the enforcement of an ordinance requiring skating rinks to close at six o’clock in the afternoon or evening' and remain closed until six o’clock the' following morning. Prom a decree in defendant’s favor the complainant appealed to the supreme court. The facts are stated in the opinion of the court. It is not contended by appellee in this cause by proof that the operation of the…

1Opinion of the CourtMayes, J.

The town of Philadelphia derives its power as a municipal corporation from the Code chapter on municipalities. On Janruary 24, 1907, its mayor and board of aldermen passed the following ordinance, viz-:

“Sec. 1. Be it ordained by the board of mayor and aldermen of the town of Philadelphia, Mississippi, that the poolrooms, billiard parlors, dance halls, and skating rinks, doing business at this time or hereafter, in said town, shall close at six o’clock p. m. and remain closed until six o’clock a. m. and that any person managing or operating any such poolroom, dance hall or skating rink after…

2Cases cited2 opinions

  1. Crittenden v. Town of BoonevilleMississippi Supreme Court · 1908
  2. State v. MottCourt of Appeals of Maryland · 1884

3Cited by20 opinions

  1. Polk v. EdwardsSupreme Court of Louisiana · 1993
  2. Chaires v. City of AtlantaSupreme Court of Georgia · 1927
  3. State Ex Rel. Newman v. City of LaramieWyoming Supreme Court · 1929
  4. Cowan v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1936
  5. Knight v. JohnsMississippi Supreme Court · 1931

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