Spanish Fork City v. Thomas

Boreman, J.:

Tliis is an appeal by plaintiff in tbe action from a judgment of tbe district court sustaining a demurrer to a complaint, and dismissing tbe same. Tbe complaint charges respondent witb selling whiskey in violation of a city ordinance. It is said in the argument to have been tried before a justice of the peace; that the respondent was convicted and then appealed to the district court. But there is nothing in the record to show that the case was ever tried in a justice’s court, or that the judgment, was in the justice’s court, or that there was any judgment, or that any appeal was…