Barnes v. City of Dayton

Appellants Barnes and Ballard filed the bill herein for the purpose of seeking a declaration as to the constitutionality of an ordinance passed by the City of Dayton, a municipal corporation, prohibiting the sale of beer for consumption, etc., as more specifically detailed hereafter. The Chancellor sustained a demurrer ■ to the bill and from his action this appeal has been prosecuted.

The ordinance assaulted in this proceeding was passed by the City of Dayton on December 31, 1964, and is entitled:

An ordinance prohibiting the sale of beer without a permit and prohibiting the issuance of license…