Legal Opinion

City of Centerville v. Miller

Supreme Court of Iowa

Decided October 24, 1881PublishedCited by 3 opinions

Appeal from Appanoose District Court. The defendant was convicted in the mayor’s court of the city of Centerville of having violated an ordinance of the city.

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Appeal from Appanoose District Court. The defendant was convicted in the mayor’s court of the city of Centerville of having violated an ordinance of the city. The ordinance in question (119) provides among other things that the keeping or controlling of any house or building within the corporate limits of the city where loud or unusual noises are permitted, or where persons are permitted to congregate and engage in the use of profane or vulgar language to the disturbance of others, is a common nuisance, and that whoever is convicted thereof shall be punished. The information charged that the…

1Opinion of the CourtSeevers, J.

i. municipal corporations: city ordinance: nuisauce: It is provided by statute that cities have the power to prevent riots, noise, disturbance or disorderly assemblages; to suppress and restrain disorderly houses, houses oi ill-fame, billiard-tables, nine or ten-pin alleys or tables, and ball-alleys, and to authorize the destruction of all instruments and devices used for the purpose of gaming.” Code, section 456.

The appellant insists the ordinance is void because the offense described therein and charged in the information is punishable under the laws of the State, and therefore the city…

2Cases cited2 opinions

  1. City of Mount Pleasant v. BreezeSupreme Court of Iowa · 1860
  2. City of Chariton v. BarberSupreme Court of Iowa · 1880

3Cited by3 opinions

  1. Downey v. City of Sioux CitySupreme Court of Iowa · 1929
  2. Town of Neola v. ReichartSupreme Court of Iowa · 1906
  3. Incorporated Town of Nevada v. HutchinsSupreme Court of Iowa · 1882

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