Ex parte O'Leary
Mississippi Supreme Court
Ex parte O'Leary, 65 Miss. 80 (Miss. 1887)
Campbell
Ex parte O'Leary
Opinion of the Court
delivered the opinion of the court.
The process by virtue of which the prisoner was held conforms to the ordinance of the city, and the single question for the decision on trial of the writ of habeas corpus was as to the validity of the ordinance. It is too broad and sweeping in its provisions, and is invalid. Hogs in the city of Jackson may or may not be a nuisance, and any ordinance on the subject should be framed accordingly. Wood on Nuisances, § 518.
Reversed and prisoner discharged.
Reference
- Full Case Name
- Ex parte Matilda O'Leary
- Cited By
- 10 cases
- Status
- Published
- Syllabus
- Constitutional Law. Bight of municipality to declare a thing a nuisance.. Case m judgment. An ordinance of a municipality which declares it to be a nuisance “ to erect hog pens within any enclosure in the city limits, or to permit hogs to run at large within any lot or enclosed place in the city,” except at certain designated places, and directs that all such lots and pens be abated as> such, is invalid, as being too broad and sweeping.