Dreyfus v. City of Montgomery
Alabama Court of Appeals
Appeal from Montgomery Circuit Court. Heard before Hon. Armstead Brown. Julius Dreyfus was convicted of violating an ordinance of the city of Montgomery, and he appeals.
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Appeal from Montgomery Circuit Court. Heard before Hon. Armstead Brown. Julius Dreyfus was convicted of violating an ordinance of the city of Montgomery, and he appeals. The ordinance is void because unfair and discriminatory, unreasonable, partial and prejudiced. — Town of Greensboro v. Ehrenreioh, 80 Ala. 579; Cuba v. Mississippi Oil Co., 150 Ala. 359; City of Montgomery v. West, 149 Ala. 313. An ordinance cannot declare a thing to be a nuisance which is not so in fact. — Cuba v. Mississippi Oil Co., supra, 10 Wall. 505; 48 Am. Bep. 105. An ordinance cannot be directed against an…
1Opinion of the CourtPelham, J.
The board of commissioners of the city of Montgomery adopted-an ordinance making it unlawful to operate a moving picture show within the city of Montgomery in any building fronting on either side of Dexter Avenue between Lawrence and Bainbridge streets, and providing a punishment for the violation thereof. The body of the ordinance declared it to be a necessary regulation “for the preservation of the public *272Safety.” Subsequently to tbe adoption and approval, of the ordinance, tbe appellant was arrested on a warrant issued on a complaint or affidavit charging him with a violation of tbe…
2Cases cited10 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Jones v. StateSupreme Court of Alabama · 1911
- Van Hook v. City of SelmaSupreme Court of Alabama · 1881
- Powell v. StateSupreme Court of Alabama · 1881
- Dunn v. Court of County RevenuesSupreme Court of Alabama · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Woco Pep Co. of Montgomery v. City of MontgomerySupreme Court of Alabama · 1925
- City of Bessemer v. Bessemer Theatres, Inc.Supreme Court of Alabama · 1949
- Sparks v. StateAlabama Court of Appeals · 1959
- Thayer Amusement Corp. v. MoultonSupreme Court of Rhode Island · 1939
- Brown v. StubbsCourt of Appeals of Maryland · 1916
16 more not listed; retrieve them via the Exa API.