Legal Opinion

City of Jackson v. Shlomberg

Mississippi Supreme Court

Decided October 15, 1892PublishedCited by 4 opinions

Appeal from a judgment of Hon. Tim E. Cooper, one of the judges of the supreme court, in a habeas corpus proceeding. The relator, Solomon Shlomberg, was airested on a charge of violating an ordinance of the city of Jackson relating to the sale of second-hand clothing, and was discharged from custody by the judgment appealed from.

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Appeal from a judgment of Hon. Tim E. Cooper, one of the judges of the supreme court, in a habeas corpus proceeding. The relator, Solomon Shlomberg, was airested on a charge of violating an ordinance of the city of Jackson relating to the sale of second-hand clothing, and was discharged from custody by the judgment appealed from. The ordinance in question was passed June 24, 1892, in accordance with the provisions of the former charter of the city, but not by a yea and nay vote, as required by § 3007, chapter 93, code 1892. It is conceded that the relator was properly discharged, if at the…

1Opinion of the CourtCampbell, C. J.

This ease presents the question whether the city of Jackson is subject to the chapter on municipalities, contained in the code of 1892, or not. That chapter was, by act approved *50April 2, 1892, declared to be in force from that date. 'On April 12, 1892, the mayor and aldermen of Jackson declared their acceptance of said chapter, and subsequently passed some ordinances with reference to the position of the city, as governed by the chapter on municipalities in the code. On June 7,1892, an ordinance was adopted by the mayor and aldermen of Jackson rescinding the acceptance of the chapter of the…

2Cited by4 opinions

  1. Simpson v. State ex rel. EislerIndiana Supreme Court · 1912
  2. New York State Employees' Retirement System v. Board of SupervisorsNew York Supreme Court · 1935
  3. Lowe v. McKnightIndiana Supreme Court · 1931
  4. Wachstetter v. BrownMississippi Supreme Court · 1911

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