City of Denver v. Beede
Supreme Court of Colorado
Appeal from the District Court' of Arapahoe County. Briefly, from the bill filed by appellee in. the court below, it appears that he is the proprietor of a theatre in the city of Denver, known as the Orphenm, in which he holds Sunday performances without which, it is alleged, he cannot successfully conduct his business; that the city has passed an ordinance subjecting to a fine those conducting Sunday theatrical performances similar to his.
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Appeal from the District Court' of Arapahoe County. Briefly, from the bill filed by appellee in. the court below, it appears that he is the proprietor of a theatre in the city of Denver, known as the Orphenm, in which he holds Sunday performances without which, it is alleged, he cannot successfully conduct his business; that the city has passed an ordinance subjecting to a fine those conducting Sunday theatrical performances similar to his. It is averred that this ordinance is invalid, and that the police authorities of the city have ' arrested him for violation thereof, and threaten, in the…
1Opinion of the CourtJustice Gabbert
Two questions are urged by appellants in support of their position that the judgment should he. reversed. First, insufficiency of the bill; second, that the ordinance in question is valid. The first question to determine, even though the-ordinance may he illegal, as charged, is the sufficiency of the hill, upon which to predicate the judgment rendered; because, if this should be resolved in favor of appellants, the validity of the ordinance would not he involved, and it would he unnecessary, as well as improper, to pass upon that question, as it would not he presented for determination in…
2Cases cited5 opinions
- Wallack v. Society for Reformation of Juvenile DelinquentsNew York Court of Appeals · 1876
- Wolfe v. . BurkeNew York Court of Appeals · 1874
- Wason v. MajorColorado Court of Appeals · 1897
- Poyer v. Village of Des PlainesAppellate Court of Illinois · 1886
- Levy v. City of ShreveportSupreme Court of Louisiana · 1875
3Cited by21 opinions
- State Ex Relator McNamara v. ClarkCourt of Criminal Appeals of Texas · 1915
- Kelly v. ConnerTennessee Supreme Court · 1909
- Norcisa v. Board of Selectmen of ProvincetownMassachusetts Supreme Judicial Court · 1975
- City of Canon City v. ManningSupreme Court of Colorado · 1908
- Adams v. CroninSupreme Court of Colorado · 1902
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