City of Rochester v. Gutberlett

It is sought "to enjoin the defendant from violating one of the penal ordinances of the city of Rochester, under the' authority of section 126 of the charter of said city, which reads as follows: “ The. City of Rochester may maintain actions in Courts of Record of. competent jurisdiction t.o restrain violations of penal and other ordinances of the Common Council.”

The right of the city to maintain the action is attacked by the defendant upon the theory that the authority thus *609conferred upon the city was beyond the power of the Legislature to grant, because it deprives defendant of his…