Commonwealth v. Williams
Court of Appeals of Kentucky
Case 40. — PROSECUTION AGAINST DR. T. D. WILLIAMS FOR UNLAWFULLY GIVING A PRESCRIPTION FOR WHISKY IN VIOLATION OF A CITY ORDINANCE Appeal from Nelson Circuit Court. Samuel E. Jones, Circuit Judge. Judgment for defendant. Plaintiff appeals.
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Case 40. — PROSECUTION AGAINST DR. T. D. WILLIAMS FOR UNLAWFULLY GIVING A PRESCRIPTION FOR WHISKY IN VIOLATION OF A CITY ORDINANCE Appeal from Nelson Circuit Court. Samuel E. Jones, Circuit Judge. Judgment for defendant. Plaintiff appeals. POINTS AND AUTHORITIES. 1. The demurrer and motion to quash the warrant should not prevail, because their effect is to question the validity of the ordinance, which can only be done by a writ of prohibition, as provided by sec. 3639, Kentucky Statutes, which is a part of the charter of cities of the fifth class. (Sec. 3639, Ky. Stats.; Bybee v. Smith, 22…
1Opinion of the Court
Opinion by
Chief Justice Hobson
Reversing.
The city of Bardstown adopted an ordinance making it unlawful for any -druggist to sell spirituous, vinous, or malt liquors on Sunday, or on election day, or between the hours of 10 o ’clock p. m. and 5 o ’clock a. m. of any other day, except upon the written prescription of a regular practicing physician. The second paragraph of the ordinance is in these words: ‘£ That it shall be unlawful for any physician to make or give to any person a prescription for any spirituous, vinous, or malt liquors, to enable him to purchase same, unless such person to…
2Cases cited2 opinions
- Chesapeake & Ohio Ry. v. CommonwealthCourt of Appeals of Kentucky · 1905
- McNulty v. ToofCourt of Appeals of Kentucky · 1903
3Cited by14 opinions
- Pacific Palisades Ass'n v. City of Huntington BeachCalifornia Supreme Court · 1925
- Allegheny County Port Authority v. FlahertyCommonwealth Court of Pennsylvania · 1972
- Moore v. City of ThomasvilleCourt of Appeals of Georgia · 1915
- Commonwealth v. WilliamsCourt of Appeals of Kentucky (pre-1976) · 1929
- Meacham Contracting Co. v. KleidererCourt of Appeals of Kentucky · 1912
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