Legal Opinion

Speckert v. City of Louisville

Court of Appeals of Kentucky

Decided December 2, 1880PublishedCited by 12 opinions

Case 60—WARRANT APPEAL FROM LOUISVILLE CITY COURT. 1. The law as it now is, and not as it was when the judgment was rendered, is the law to be applied. (U. S. v. Schooner Peggy, i Cranch, 104; ICeller v. State, 12 Md., 322; Hartung v. The People, 22 N. Y., 97; Bishop on Statutory Crimes, secs. 175, 176, and 177; Naylor v. City of Galesburg, 56 111., 285; 40 Ala., 307; 1 Wash.

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Case 60—WARRANT APPEAL FROM LOUISVILLE CITY COURT. 1. The law as it now is, and not as it was when the judgment was rendered, is the law to be applied. (U. S. v. Schooner Peggy, i Cranch, 104; ICeller v. State, 12 Md., 322; Hartung v. The People, 22 N. Y., 97; Bishop on Statutory Crimes, secs. 175, 176, and 177; Naylor v. City of Galesburg, 56 111., 285; 40 Ala., 307; 1 Wash. C. C. R., 89; 1 Binney, 601; Palmer’s Case, 2 Bush; 2 Duvall, 349; 2 Dana, 3317 2 B. Mon., 402; Commonwealth v. Cain, 14 Bush.) 2. It is competent for the parties, by agreement, to inform the court of a change in the…

1Opinion of the CourtChief Justice Pryor

A fine was imposed on the appellants for violating section. 7 of ordinance No. 669 of the city of Louisville, providing that ‘ ‘ no coffee-house keeper shall sell liquor on Sunday, nor after half-past eleven o’clock at night.” The appellants, relying on the unconstitutionality of the ordinance, suspended the judgments in the various actions against them, and have prosecuted this appeal.

During the pendency of the appeal, the ordinance under which the penalty was imposed was repealed, and the parties, by an agreement of record, have brought that fact to the knowledge of this court, and…

2Cited by12 opinions

  1. Spears v. Cty. of ModocCalifornia Supreme Court · 1894
  2. First Natl. Bank of San Luis Obispo v. HendersonCalifornia Supreme Court · 1894
  3. Commonwealth v. Ewald Iron Co.Court of Appeals of Kentucky · 1913
  4. Western Union Telegraph Co. v. SmithSupreme Court of Georgia · 1895
  5. Pensacola & Atlantic Railroad v. StateSupreme Court of Florida · 1903

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