Legal Opinion

Zimmerman v. Gritzmacher

Oregon Supreme Court

Decided January 5, 1909PublishedCited by 2 opinions

From Multnomah: John B. Cleland, Judge. This is a habeas corpus proceeding by L. Zimmerman against C. C. Gritzmacher, to obtain the discharge of petitioner from arrest under a warrant issued on an information charging him with operating and maintaining a slaughter house within the corporate limits of the City of Portland. From an order denying the writ, petitioner appeals. Reversed and remanded with directions to discharge ‘petitioner. Statement by Mr. Chief Justice Bean.

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From Multnomah: John B. Cleland, Judge. This is a habeas corpus proceeding by L. Zimmerman against C. C. Gritzmacher, to obtain the discharge of petitioner from arrest under a warrant issued on an information charging him with operating and maintaining a slaughter house within the corporate limits of the City of Portland. From an order denying the writ, petitioner appeals. Reversed and remanded with directions to discharge ‘petitioner. Statement by Mr. Chief Justice Bean. This is a habeas corpus proceeding to obtain the discharge of the petitioner from arrest under a warrant issued by the…

1Opinion of the Court

Opinion by

Mr. Chief Justice Bean.

1. There is no allegation or claim that the slaughter or packing house operated and maintained by petitioner is, in fact, a nuisance, either on account of its location or the manner in which it is being conducted. On the contrary, it is alleged in the petition, and for the purpose of this case admitted to be true, that such packing house is situated in a sparsely settled portion of the city, and that it is in no way injurious to the health or offensive to the public. The contention of the city is apparently that it has plenary power under its charter to…

2Cited by2 opinions

  1. Liebman v. RichmondCalifornia Court of Appeal · 1930
  2. Goldston v. City of HarrimanTennessee Supreme Court · 1978

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