Ex parte O'Leary
Cases that cite this one
6 later published cases cite this decision.
- Mitchell v. City of Roswell (N.M. 1941)
- Dart v. City of Gulfport (Miss. 1927)
- Desporte v. City of Biloxi (Miss. 1924)
- Miller v. Town of Syracuse (Ind. 1907)
- Town of Cuba v. Mississippi Cotton Oil Co. (Ala. 1907)
- Deming v. City of Cleveland (Ohio Circuit Courts 1900)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.