Opinion
Gen. No. 41,948. (Abstract of Decision.)
Opinion filed April 20, 1942
SUNDAY, § 6 — work and labor on Sunday. Where plaintiff began a suit in equity to restrain enforcement of a Sunday closing ordinance, which was dismissed for want of equity, and shortly thereafter the ordinance was repealed and another one substituted, on review, the court would not decide whether the enforcement of an ordinance should be enjoined where it had been repealed and another one substituted which plaintiff declared his intention to obey, and as to relief against the State Sunday law, the validity of the statute could not be determined by complaint in equity (Ill. Rev. Stat. 1941, ch. 38, par. 550; Jones Ill. Stats. Ann. 37.511).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Superior Court of Cook county; Hon. ROBERT C. O'CONNELL, presiding.
Reversed and remanded with directions. Heard in first division, first district, this court at October term, 1941.
Ben A. Stewart, for appellants;
John F. Tyrrell, for appellees.
"Not to be published in full." Opinion filed April 20, 1942.