Case Summary

On February 16, 1901 Omaha Ordinance H859, that outlawed stores being open on Sundays, was passed. On March 4, 1901 there was a complaint filed against David Brown saying he violated Omaha Ordinance. Warrant issued. David Brown was temporarily imprisoned by B. F. Thomas, jailor. On March 7, 1901 there was a trial in the police court. David Brown was found guilty and fined $10 and costs of prosecution. Petitioner, S. Brown, argued that the ordinance was unconstitutional and illegal and void and David Brown was deprived of his liberty. The writ was allowed and David Brown was discharged.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Violation of sunday ordinance

Sites of significance

• Omaha City Jail (Omaha, Nebraska)

Outcome

Writ allowed

Fate of bound party

Released from custody

Case Citation

Douglas County District Court, Criminal Appearance Docket Books, Vol. 5: ca.1900 - 1901, p. 226; Douglas County District Court, RG230 Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 7: Criminal Case Files, 1897-1920, Roll 5: Doc. 5-182 to 5-242, Jan. 10, 1901 - Mar. 26, 1901, No. 5-226 (microfilm)

Source material(s)

Docket | Case File

Length of case file

Between 11 and 20 pages

Repository(s)

• History Nebraska (Lincoln, Nebraska)
• Douglas County District Court (Omaha, Nebraska)

State

• Nebraska

People

• Shield, George W. (Shields) (respondent attorney)
• Godwin, Parke (petitioner attorney)
• Learn, William R. (police judge)
• Learn, William R. (judge)
• Brown, S. (petitioner)
• Brown, David (bound party)
• Thomas, B. F. (holding party)
• Thomas, B. F. (respondent)

• Additional parties

  Broadwell, Frank A. (clerk)