Biedinger v. City of East Chicago

Concurring Opinion

Kelley, J.

The many cases cited in Judge Pfaff’s opinion apparently tend to support the statement that “a prosecution for the violation of a city ordinance, in which a monetary penalty only is sought is a civil and not a criminal action.” However, the referred to opinion appropriately further limits the weight of said statement by adding “In none of the Indiana cases brought to our attention in which such actions were held to be civil actions was imprisonment adjudged as an initial part of the penalty.”

The ordinance, alleged to have been violated by appellant, does not appear…