City of Madison v. Martin
Supreme Court of Minnesota
Defendant appealed to the district court for Lac qui Parle county from a judgment of conviction in the municipal court of the city of Madison, for selling a coat at public auction, contrary to the ordinance of that city. The appeal was taken “as if the action was a civil and not a criminal action.” The motion of plaintiff to dismiss the appeal was granted.
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Defendant appealed to the district court for Lac qui Parle county from a judgment of conviction in the municipal court of the city of Madison, for selling a coat at public auction, contrary to the ordinance of that city. The appeal was taken “as if the action was a civil and not a criminal action.” The motion of plaintiff to dismiss the appeal was granted. From an order, Qvale, J., dismissing the appeal, and from the judgment of dismissal entered pursuant to the order, defendant appealed.
1Opinion of the CourtStart, C. J.
The defendant was prosecuted in the municipal.court of the city of Madison for a violation of an ordinance of the city regulating and licensing auctioneers. He was convicted and sentenced to pay a fine of $10, or stand committed for a period of ten days. He attempted to appeal from the judgment to the district court of the county of Lac qui Parle. The district court dismissed the appeal, for the reason that the defendant, in attempting to appeal, followed the procedure prescribed in cases of appeals in civil actions in justice courts, and not that required in appeals in criminal cases in that…
2Cases cited4 opinions
- State ex rel. Erickson v. WestSupreme Court of Minnesota · 1889
- City of Mankato v. ArnoldSupreme Court of Minnesota · 1886
- State v. MarciniakSupreme Court of Minnesota · 1906
- State v. MattsonSupreme Court of Minnesota · 1908
3Cited by4 opinions
- City of St. Paul v. RobinsonSupreme Court of Minnesota · 1915
- City of St. Paul v. WhidbySupreme Court of Minnesota · 1972
- Village of Crosby v. StemichSupreme Court of Minnesota · 1924
- City of Red Wing v. NibbeSupreme Court of Minnesota · 1924