65 Miss. 80
Decided October 15, 1887
Mississippi Supreme Court · decided 1887-10-15
T. J. Wharton, Judge of' the Ninth Judicial District, on habeas corpus. Mrs. M. O’Leary was arrested by the City Marshall of Jackson, under a warrant issued for the violation of the following ordinance of said city: “ 11.
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Decided 1887-10-15
Cited by 7 later decisions — most recently November 1949
7 state decisions
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¶1delivered the opinion of the court.
¶2The 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.
¶3Reversed and prisoner discharged.