City of St. Joseph v. Elliott
Missouri Court of Appeals
Appeal from tlie Buchanan Criminal Court. — Hon.' Silas Woodson, Judge. (1) The general words, “or other place of business,” refer only to such places of business as are ejusdem generis with stores and shops. The theatrical business is not of the same kind as the business of merchandising, which is conducted in stores and shops, and, consequently, the theater is not the same kind of a place of business as the store or shop.
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Appeal from tlie Buchanan Criminal Court. — Hon.' Silas Woodson, Judge. (1) The general words, “or other place of business,” refer only to such places of business as are ejusdem generis with stores and shops. The theatrical business is not of the same kind as the business of merchandising, which is conducted in stores and shops, and, consequently, the theater is not the same kind of a place of business as the store or shop. Sutherland on Stat. Const., secs. 268-276; City of St. Louis v. Laughlin, 49 Mo. 559 ; City of St. Joseph v. Porter, 29 Mo. App. 6U5 ; State v, Pemberton, 80 Mo. 376 ;…
1Opinion of the CourtEllison, J.
This record presents the single question whether the defendant, who manages an opera house in the city of St. Joseph, a city of the second class, and gave therein a theatrical performance on Sunday evening, September 28, 1890, at which he made the same charge for admission which he made on other nights, is guilty of a misdemeanor under the provisions of an ordinance of said city which provided as follows: “ Sec. 6. Business houses not to be kept open on Sunday. — No person shall, in this city, play on Sunday, at billiards, ten pins or other games of amusement, or shall, on that day, keep his…
2Cases cited3 opinions
- The Emily and the CarolineSupreme Court of the United States · 1824
- City of Kansas v. VindquestCourt of Appeals of Kansas · 1889
- State v. WilliamsMissouri Court of Appeals · 1889
3Cited by7 opinions
- Kansas City v. LorberMissouri Court of Appeals · 1896
- Capital Theater Co. v. CommonwealthCourt of Appeals of Kentucky · 1918
- State ex rel. Temple v. BarnesNorth Dakota Supreme Court · 1911
- Klingensmith v. SiegalNorth Dakota Supreme Court · 1929
- Dillard v. StateNebraska Supreme Court · 1920
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