# Zimmerman v. Gritzmacher

> Oregon Supreme Court · January 5, 1909 · 53 Or. 206

URL: https://www.frixlaw.com/law-library/cases/6901041

## Case

- **Full name:** ZIMMERMAN v. GRITZMACHER
- **Court:** Oregon Supreme Court
- **Decided:** January 5, 1909
- **Citations:** 53 Or. 206; 98 P. 875; 1909 Ore. LEXIS 110
- **Precedential status:** Published
- **Opinion:** On rehearing by Bean
- **Judges:** Bean
- **Cited by:** 2 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/6901041

## Opinion text

Decided February 9, 1909.
On Petition for Rehearing.
[ 98 Pac. 1185 .]
MR. Justice Bean
delivered the opinion of the court.
Counsel is in error in assuming that the court held or intended to hold that a municipal officer could not, in a proper proceeding, question the validity of a city ordinance. The holding is that a city cannot maintain a criminal prosecution against one for maintaining a nuisance in doing that which it expressly authorizes, as long as the ordinance, authorizing the act complained of, remains unrepealed. This is not an action or suit between Zimmerman and Gritzmacher, but is a habeas corpus *212 proceeding, instituted by Zimmerman to obtain his discharge from arrest under a warrant issued on a complaint, filed by the city, charging him with maintaining a slaughter house within the corporate limits, which an ordinance authorized him to do.
Rehearing Denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6901041. Public record. Not legal advice.