# City of Youngstown v. Brown

> Ohio Supreme Court · November 20, 1929 · 121 Ohio St. 342

URL: https://www.frixlaw.com/law-library/cases/3783484

## Case

- **Full name:** City of Youngstown v. Evans. in Re Brown.
- **Court:** Ohio Supreme Court
- **Decided:** November 20, 1929
- **Citations:** 121 Ohio St. 342; 121 Ohio St. (N.S.) 342; 7 Ohio Law. Abs. 703; 168 N.E. 844; 1929 Ohio LEXIS 254
- **Precedential status:** Published
- **Opinion:** Concurrence by Day
- **Judges:** Marshall, Robinson, Matthias, Allen, Jones, Day, Kinkade
- **Cited by:** 33 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3783484

## Opinion text

Day, J.,
concurring. I concur in, 'this judgment of reversal and affirmance of the judgments of conviction entered by the trial courts, for the reason that in neither case was the fine assessed in excess of the amount named in Section 3628, General Code; so that the general law set forth in such section, denying to municipal corporations the right to enforce, under ordinances, a penalty involving a fine exceeding $500 or imprisonment over six months, has not been violated, and therefore, under the record here presented, Section 3628 is not in conflict with the Constitution, nor with the municipal ordinances under which the convictions in the two cases above were found.
Jones, J., concurs in the foregoing concurring opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3783484. Public record. Not legal advice.