Legal Opinion

People ex rel. Kieley v. Lent

Appellate Division of the Supreme Court of the State of New York

Decided March 12, 1915PublishedCited by 25 opinions

Habeas corpus issued out of the Supreme Court, Appellate Division, on the 25th day of January, 1915, to inquire into the detention of the relator, Wolden Kieley, in the city prison of Yonkers. The hearing was had and opinion rendered upon the return of the original writ.

1Opinion of the Court

Putnam, J.:

The powers of the city of Yonkers, under its municipal charter (Laws of 1908, chap. 452, art. 3, § 1, subd. 21), to regulate amusements and common shows, include a right to license an exhibition of moving pictures. The city ordinance (§ 13), however, prohibits such a show on Sunday, and declares that every person violating this section shall “ forfeit a penalty of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) in the discretion of the magistrate convicting.” The relator has been arrested for violation of this section.

A license may be…

2Cases cited3 opinions

  1. Neuendorff v. . DuryeaNew York Court of Appeals · 1877
  2. People v. JarvisAppellate Division of the Supreme Court of the State of New York · 1897
  3. Lechner v. Village of NewarkNew York Supreme Court · 1896

3Cited by25 opinions

  1. S. H. Kress & Co. v. Department of HealthNew York Court of Appeals · 1940
  2. Jewish Consumptives' Relief Society v. Town of WoodburyAppellate Division of the Supreme Court of the State of New York · 1930
  3. People v. County of WestchesterNew York Court of Appeals · 1940
  4. People ex rel. Elkind v. RosenblumNew York Supreme Court · 1945
  5. Good Humor Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1942

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