Deitz v. City of Central
Supreme Court of Colorado
Appeal from District Court, Gilpin County. . Action of debt upon an ordinance of the city of Central, which provides that if auy person shall sell or give away any intoxicating or fermented liquors without license, in quantities less than one quart, without first obtaining a. license therefor, he shall for each offense forfeit and pay to the city a sum of not less than $25, nor more than $50. ■' This ordinance is based upon section 20 of the charter 61 the city (3 Sess.…
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Appeal from District Court, Gilpin County. . Action of debt upon an ordinance of the city of Central, which provides that if auy person shall sell or give away any intoxicating or fermented liquors without license, in quantities less than one quart, without first obtaining a. license therefor, he shall for each offense forfeit and pay to the city a sum of not less than $25, nor more than $50. ■' This ordinance is based upon section 20 of the charter 61 the city (3 Sess. 245),' which is as follows : ‘c To license, restrain, regulate, prohibit, and suppress tippling houses, gambling houses,…
1Opinion of the CourtWells, J.
The errors assigned in this case question, first, the existence of the corporation which was plaintiff below ; second, the reasonableness and validity of the ordinance under which the conviction was had; third, the existence and powers of the functionary before whom the process was instituted ; fourth, the regularity of the proceedings.
We have examined the multitude of questions urged in this case, with the careful consideration to which the elaborate diligence of counsel entitles them.
As to the first question : It is solemnly argued that the legislature of this territory have no authority to…
2Cases cited3 opinions
- State ex rel. Veile v. FunckSupreme Court of Iowa · 1864
- Edwards v. VandemackIllinois Supreme Court · 1852
- Adams v. MillerIllinois Supreme Court · 1850
3Cited by21 opinions
- City of Canon City v. MerrisSupreme Court of Colorado · 1958
- City & County of Denver v. HallettSupreme Court of Colorado · 1905
- Harding v. PeopleSupreme Court of Colorado · 1887
- Colorado Cent. R. v. CaldwellSupreme Court of Colorado · 1888
- White House Mountain Gold Mining Co. v. PowellSupreme Court of Colorado · 1902
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