City of Mount Pleasant v. Breeze
Supreme Court of Iowa
Appeal from, Henry District Court. On the 8th of April, 1857, the city council of Mt. Pleasant passed an ordinance, the 9th section of which provides for the punishment of any one who shall keep any gambling device &c., declaring it a misdemeanor, and providing in another place for the punishment thereof. The defendant in May, 1859, was arrested and brought before a justice of the peace for a violation of this oí dinance, the prosecution being in the name of the city.
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Appeal from, Henry District Court. On the 8th of April, 1857, the city council of Mt. Pleasant passed an ordinance, the 9th section of which provides for the punishment of any one who shall keep any gambling device &c., declaring it a misdemeanor, and providing in another place for the punishment thereof. The defendant in May, 1859, was arrested and brought before a justice of the peace for a violation of this oí dinance, the prosecution being in the name of the city. He was convicted and appealed to the District Court, where on his motion the cause was dismissed, and from this the city…
1Opinion of the CourtWright, J.
The causes assigned in the motion to dismiss are:
•First: The city had no authority to enact the ordinance. Second: The proceeding (if allowable) should have been in the name of the State. Third: The justice had no jurisdiction, but, if any where it was in the District Court.
The authority to pass the ordinance in question is claimed under section 14, chapter 15, Laws of 1856, special session; which provides that “the city council is invested with au*400thority to make ordinances to secure the inhabitants against fire, against violations of law and the public peace, to suppress riots, gambling,…
2Cited by17 opinions
- Ogden v. City of MadisonWisconsin Supreme Court · 1901
- City of Corvallis v. CarlileOregon Supreme Court · 1882
- Bear v. City of Cedar RapidsSupreme Court of Iowa · 1910
- State v. . WebberSupreme Court of North Carolina · 1890
- City of Keokuk v. ScroggsSupreme Court of Iowa · 1874
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