Legal Opinion

City of Chariton v. Simmons

Supreme Court of Iowa

Decided January 24, 1893PublishedCited by 3 opinions

Appeals .from Lucas District Cowrt. — Hon. W. I. Babb, Judge. The defendants were arrested upon warrants issued by the mayor of the plaintiff city upon informations charging them with violating an ordinance of the city. The defendants were taken before the mayor, and entered pleas of not guilty. A trial was had, and they were found guilty, and judgment was entered against each of them in the sum of ten dollars and costs.

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Appeals .from Lucas District Cowrt. — Hon. W. I. Babb, Judge. The defendants were arrested upon warrants issued by the mayor of the plaintiff city upon informations charging them with violating an ordinance of the city. The defendants were taken before the mayor, and entered pleas of not guilty. A trial was had, and they were found guilty, and judgment was entered against each of them in the sum of ten dollars and costs. They .appealed to the district court, where, by agreement, the pleas of not guilty were withdrawn, and the defendants demurred to the informations. The demurrer was…

1Opinion of the CourtRothrock, J.

The ordinance under which the arrests were made and trial had was, by agreement, made part of the record, and the demurrer was sustained upon the ground that the ordinance was invalid. The ordinance in question, so far as it pertains to the question involved, is as follows:.

"First. That the collection or. congregation of persons upon the streets or sidewalks of the city, and the marching or movement of persons in crowds or processions thereon, at such times and places, and in such numbers and manner, as to obstruct or impede public travel thereon, or to injuriously affect or interfere with…

2Cases cited4 opinions

  1. Mayor of Baltimore v. RadeckeCourt of Appeals of Maryland · 1878
  2. Commonwealth v. PlaistedMassachusetts Supreme Judicial Court · 1889
  3. In re FrazerMichigan Supreme Court · 1886
  4. Commonwealth v. DavisMassachusetts Supreme Judicial Court · 1886

3Cited by3 opinions

  1. State v. SugarmanSupreme Court of Minnesota · 1914
  2. Iverson v. DilnoMontana Supreme Court · 1911
  3. Benson v. City of NorfolkSupreme Court of Virginia · 1934

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