Bailey v. State
Nebraska Supreme Court
Error to the district court for Saline county. Tried below before Morris, J. A police judge may exercise only such powers as the statute gives him. (8. C. &P. R. Co. v. Washington Co., 3 Neb., 41; Morrill v. Taylor, 6 Id., 242; Doody v. Vaughn, 7 Id., 32; Brondberg v. Babbott, 4 Id., 519.) Secs. 11, 12, and-25, ch. 50, ...Comp. Stats., fix a,method of procedure which is exclusive.
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Error to the district court for Saline county. Tried below before Morris, J. A police judge may exercise only such powers as the statute gives him. (8. C. &P. R. Co. v. Washington Co., 3 Neb., 41; Morrill v. Taylor, 6 Id., 242; Doody v. Vaughn, 7 Id., 32; Brondberg v. Babbott, 4 Id., 519.) Secs. 11, 12, and-25, ch. 50, ...Comp. Stats., fix a,method of procedure which is exclusive. (8. C. & P. R. Go. v. Washington Co., swpra.) Since the two provisions for enforcing the ordinance form parts of a penalty, one cannot be void and the other valid. (Oatman v. Bond, 15 Wis., 22; State v. Dousman, 28…
1Opinion of the CourtNorval, J.
On November 19, 1888, J. B. Dann made a written complaint under oath before E. J. Hancock, justice of the peace of the village of De Witt, Saline county, charging Charles B. Bailey, the plaintiff in error, with unlawfully selling malt and spirituous liquors to one James Liggard, in violation of ordinance No. 24 of said village. Bailey was arrested and taken before the justice, where he entered a plea of not guilty. He applied for a change of venue, which was. refused. He thereupon demanded a trial by jury, which was denied. Over the defendant’s objection he was tried, before the justice, who…
2Cases cited3 opinions
- State ex rel. Jones v. County CommissionersNebraska Supreme Court · 1877
- Campau v. City of DetroitMichigan Supreme Court · 1866
- Wilcox v. HemmingWisconsin Supreme Court · 1883
3Cited by7 opinions
- State ex rel. Wheeler v. StuhtNebraska Supreme Court · 1897
- Shepard v. City of SeattleWashington Supreme Court · 1910
- State ex rel. Smyth v. MagneyNebraska Supreme Court · 1897
- Brown v. Jarvis, Chief of PoliceWyoming Supreme Court · 1927
- In re LangstonNebraska Supreme Court · 1898
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