Churchill v. City of Albany
Oregon Supreme Court
From Linn: William Galloway, Judge. Statement by Mr. Justice Ramsey. This is a suit by E. O. Churchill against the City of Albany, F; E. Van Tassel, city recorder, and Ellis Daughtry, chief of police, and is brought for the purpose of enjoining the defendants from enforcing a certain ordinance of the City of Albany, for the alleged reason that the ordinance is unreasonable, discriminatory, class legislation, and unconstitutional.
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From Linn: William Galloway, Judge. Statement by Mr. Justice Ramsey. This is a suit by E. O. Churchill against the City of Albany, F; E. Van Tassel, city recorder, and Ellis Daughtry, chief of police, and is brought for the purpose of enjoining the defendants from enforcing a certain ordinance of the City of Albany, for the alleged reason that the ordinance is unreasonable, discriminatory, class legislation, and unconstitutional. A demurrer to the amended complaint was filed by the respondents, alleging that the amended complaint does not state facts sufficient to constitute a cause of suit,…
1Opinion of the CourtJustice Ramsey
The ordinance upon which this suit is based is set out in full in the amended complaint, and is in the following words:
“Every person, firm, company, or corporation owning or conducting any cigar-store, soft-drink parlor, *444billiard or pool parlor, restaurant or other like place of business in the city of Albany, selling or dealing in soft drinks or bottled goods, shall close or cause to be closed such place or places of business at the hour of 12 o’clock midnight, and keep the same so closed until the hour of five o’clock in the morning following: and any person, firm, company or corporation…
2Cases cited4 opinions
- State v. WrightOregon Supreme Court · 1909
- Sandys v. WilliamsOregon Supreme Court · 1905
- In re ObergOregon Supreme Court · 1891
- State v. RandolphOregon Supreme Court · 1892
3Cited by14 opinions
- Corporation of the Sisters of Mercy v. Lane CountyOregon Supreme Court · 1927
- State Ex Rel. Newman v. City of LaramieWyoming Supreme Court · 1929
- City of Chicazgo v. RhineIllinois Supreme Court · 1936
- Wilson v. City of ZanesvilleOhio Supreme Court · 1935
- State v. CatholicOregon Supreme Court · 1915
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