Legal Opinion

Salina City v. Freece

Utah Supreme Court

Decided July 19, 1923No. 3967PublishedCited by 5 opinions

Appeal from District Court, Sixth District, Sevier County; J. H. Erickson, .Judge. Eiler Freece was convicted of violation of a city ordinance, and appealed to the district court. From an order sustaining demurrer to the complaint, the city appeals.

1Opinion of the CourtWeber, C. J.

Eiler Freece ivas convicted before the justice of the peace for the city of Salina on a charge of having violated the merchants’ license ordinance of that city. From the judgment of conviction he appealed to the district court of Sevier county, which court sustained a demurrer to the complaint and *575dismissed tbe action. The city of Salina appeals from the judgment of dismissal.

The respondent moves to dismiss the appeal on the ground that a city cannot appeal from an order of the district court dismissing a criminal action arising in a justice of the peace court.

In Castle Dale v. Woolley, 61…

2Cases cited1 opinion

  1. Castle Dale City v. WoolleyUtah Supreme Court · 1923

3Cited by5 opinions

  1. State Ex Rel. Marquette v. Police CourtMontana Supreme Court · 1929
  2. Town of Ophir v. JorgensenUtah Supreme Court · 1924
  3. Scipio, a Municipal Corp. v. Grantly OlsenUtah Supreme Court · 1928
  4. State v. TaylorUtah Supreme Court · 1983
  5. State v. TaylorUtah Supreme Court · 1983

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