Ex parte O'Leary

65 Miss. 80
CourtMississippi Supreme Court
DecidedOctober 15, 1887
StatusPublished
Cited by10 cases

This text of 65 Miss. 80 (Ex parte O'Leary) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ex parte O'Leary, 65 Miss. 80 (Mich. 1887).

Opinion

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.

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Cite This Page — Counsel Stack

Bluebook (online)
65 Miss. 80, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-oleary-miss-1887.