Legal Opinion

State ex rel. Moriarity v. McMahon

Supreme Court of Minnesota

Decided July 9, 1897No. Nos. 10,676—(246)PublishedCited by 14 opinions

Appeal by relator from an order of the district court for Ramsey county, O. B. Lewis, J., discharging a writ of habeas corpus theretofore issued on relator’s petition.

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Appeal by relator from an order of the district court for Ramsey county, O. B. Lewis, J., discharging a writ of habeas corpus theretofore issued on relator’s petition. Ordinance No. 1835 of the city of St. Paul, for a violation of which relator was convicted, is as follows : “Section 1. The city clerk of the city of St. Paul shall issue a license to any person, partnership, or corporation, upon the terms and conditions hereinafter mentioned, which license shall first be authorized by the common council, and shall empower said person, partnership, or corporation so licensed (after securing a…

1Opinion of the CourtMitchell, J.

The city charter grants to the common council the following powers, among others:

“To do all acts and make all regulations which may be necessary or expedient for the preservation of heaith and the suppression of disease and make regulations and to prevent the introduction of contagious diseases into the city.” Sp. Laws 1874, c. 1, subc. 4, § 3, subd. 33 (page 35).

“The common council of the city of St. Paul, in addition to its other powers, is hereby authorized to ordain such other and further ordinances, not inconsistent with the laws of the state, which shall be deemed expedient for the good…

2Cases cited5 opinions

  1. Chicago Packing & Provision Co. v. City of ChicagoIllinois Supreme Court · 1878
  2. Boehm v. Mayor of BaltimoreCourt of Appeals of Maryland · 1884
  3. State ex rel. Noonan v. Sheriff of Hennepin CountySupreme Court of Minnesota · 1877
  4. Kinsley v. City of ChicagoIllinois Supreme Court · 1888
  5. City of St. Paul v. LawtonSupreme Court of Minnesota · 1895

3Cited by14 opinions

  1. Franklin Union No. 4 v. PeopleIllinois Supreme Court · 1906
  2. Shaw v. UtechtSupreme Court of Minnesota · 1950
  3. State Ex Rel. Thomas v. RiggSupreme Court of Minnesota · 1959
  4. State ex rel. Jackson v. McDonaldSupreme Court of Minnesota · 1910
  5. State Ex Rel. Degen v. FreemanSupreme Court of Minnesota · 1926

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