Ex parte Benninger
California Supreme Court
Application for writ of habeas corpus. The board of supervisors of the county of San Bernardino met on May 7, 1883, at its usual place, and after transacting some business, adjourned from day to day until and including the 16th day of May, at which time the ordinance referred to in the opinion of the court was passed.
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Application for writ of habeas corpus. The board of supervisors of the county of San Bernardino met on May 7, 1883, at its usual place, and after transacting some business, adjourned from day to day until and including the 16th day of May, at which time the ordinance referred to in the opinion of the court was passed. The ordinance provided among other things for a license tax of twenty-five dollars per month, for the sale of spirituous liquors, and malt or fermented' liquors, and wines in quantities less than one quart. The other facts are stated in the opinion of the court.
1Per curiam
The petitioner is in custody under a warrant of arrest duly issued upon a complaint charging him with a violation of a certain ordinance adopted by the board of supervisors of San Bernardino County, which he claims to be void.
The ordinance is said to be void for two reasons: first, because adopted at a time when the board was not legally in session; and secondly, for the reason that it is unreasonable, oppressive, and in restraint of trade. It was adopted pursuant to the act of the legislature approved and which went into effect March 13, 1883. (Stats. 1883, p. 297.) At that time section 4032…
2Cited by4 opinions
- Ex parte MirandeCalifornia Supreme Court · 1887
- County of San Luis Obispo v. HendricksCalifornia Supreme Court · 1886
- Ex parte BenjaminCalifornia Supreme Court · 1884
- People v. DraperAppellate Division of the Superior Court of California · 1933