Legal Opinion

Fortune v. Incorporated Town of Wilburton

Court Of Appeals Of Indian Territory

Decided October 19, 1904PublishedCited by 3 opinions

Appeal from the United States Court for the Central District. William H. H. Clayton, Judge. Robert Fortune, convicted of being drunk and disorderly, appeals.

1Opinion of the CourtRaymond, C. J.

The appellant was arrested for being drunk and disorderly in violation of an ordinance of the incorporated town of Wilburton. He was fined, after trial, $10 and costs, and sought to bring the ease to the United States District Court for review. The attorney for appellee moved the court to dismiss the appeal for the reason no affidavit of appeal was filed in the court below. Counsel for appellant contends that the prosecution for the violation of an ordinance of an incorporated town is a criminal and not a civil suit, and hence no affidavit for appeal was necessary. The court dismissed the…

2Cases cited17 opinions

  1. City of St. Louis v. WeitzelSupreme Court of Missouri · 1895
  2. City of St. Louis v. KnoxSupreme Court of Missouri · 1881
  3. Delaney v. Police CourtSupreme Court of Missouri · 1902
  4. Kennedy v. PeopleIllinois Supreme Court · 1887
  5. State v. MuirSupreme Court of Missouri · 1901

12 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. McKee v. De GraffenreidSupreme Court of Oklahoma · 1912
  2. Fortune v. Incorporated Town of WilburtonCourt of Appeals for the Eighth Circuit · 1905
  3. Everts v. Town of BixbySupreme Court of Oklahoma · 1909

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