Mississippi Supreme Court, 1887

Ex parte O'Leary

Ex parte O'Leary
Mississippi Supreme Court · Decided October 15, 1887 · Campbell
65 Miss. 80

Ex parte O'Leary

Opinion of the Court

Campbell, J.,

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.