Ex parte O'Leary
Mississippi Supreme Court
Appeal from the decision of Hon. T. J. Wharton, Judge of' the Ninth Judicial District, on habeas corpus. Mrs. M. O’Leary was arrested by the City Marshall of Jackson, under a warrant issued for the violation of the following ordinance of said city: “ 11. To erect hog pens within any enclosure in the city limits, or to permit hogs to run at large within any lot or enclosed' place in the city except at slaughter pens authorized by the mayor and aldermen, and all hog pens or…
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Appeal from the decision of Hon. T. J. Wharton, Judge of' the Ninth Judicial District, on habeas corpus. Mrs. M. O’Leary was arrested by the City Marshall of Jackson, under a warrant issued for the violation of the following ordinance of said city: “ 11. To erect hog pens within any enclosure in the city limits, or to permit hogs to run at large within any lot or enclosed' place in the city except at slaughter pens authorized by the mayor and aldermen, and all hog pens or lots now used as such are hereby declared a nuisance, and shall be abated.” Thereupon she sued out this writ of habeas…
1Opinion of the CourtCampbell, J.
The process by virtue of which the prisoner was held conforms to the ordinance of the city, and the single question for the decision on trial of the writ of habeas corpus was as to the validity of the ordinance. It is too broad and sweeping in its provisions, and is invalid. Hogs in the city of Jackson may or may not be a nuisance, and any ordinance on the subject should be framed accordingly. Wood on Nuisances, § 518.
Reversed and prisoner discharged.
2Cited by10 opinions
- Mitchell v. City of RoswellNew Mexico Supreme Court · 1941
- Dart v. City of GulfportMississippi Supreme Court · 1927
- Town of Cuba v. Mississippi Cotton Oil Co.Supreme Court of Alabama · 1907
- Miller v. Town of SyracuseIndiana Supreme Court · 1907
- King v. City of LouisvilleMississippi Supreme Court · 1949
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