Town of Kosciusko v. Slomberg
Mississippi Supreme Court
Appeal from the judgment of the HoN. C. H. Campbell, Judge, on habeas corpus. The appellee, Solomon Slomberg, was convicted before the mayor of the town of Kosciusko under an ordinance of said town, which is set forth in the opinion of the court. He refused to pay the fine imposed, and sued out a writ of habeas corpus before the circuit judge, who, upon the hearing, discharged him from custody, upon the ground that the ordinance under which the conviction was bad was void.
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Appeal from the judgment of the HoN. C. H. Campbell, Judge, on habeas corpus. The appellee, Solomon Slomberg, was convicted before the mayor of the town of Kosciusko under an ordinance of said town, which is set forth in the opinion of the court. He refused to pay the fine imposed, and sued out a writ of habeas corpus before the circuit judge, who, upon the hearing, discharged him from custody, upon the ground that the ordinance under which the conviction was bad was void. From this judgment the town of Kosciusko appeals. The opinion contains a further statement of the case. The only question…
1Opinion of the CourtWooes, C. J.
The charter of the town of Kosciusko confers upon the authorities of that municipality the power of establishing and enforcing quarantine and other regulations necessary to the health of the town; of making regulations to secure the general health of the inhabitants of the town and to prevent and remove nuisances; and of passing all ordinances which may be necessary to carry into effect the powers conferred.
In supposed pursuance of these charter powers, the municipal authorities adopted an ordinance declaring it unlawful for any person to bring into, or to offer for sale therein, second-hand…
2Cited by8 opinions
- In Re SmithCalifornia Supreme Court · 1904
- State ex rel. Adams v. BurdgeWisconsin Supreme Court · 1897
- Maercker v. City of MilwaukeeWisconsin Supreme Court · 1912
- Town of Fulton v. NortemanWest Virginia Supreme Court · 1906
- Wilson v. Alabama Great Southern RailroadMississippi Supreme Court · 1900
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