City of Minot v. Davis

BURKE, Judge.

The defendant was found guilty in Police Magistrate’s Court of the City of Minot, of violating a city ordinance. He appealed from the judgment of the Police Magistrate to the District Court of Ward County. Upon motion of the city this appeal was dismissed by the district court and defendant has appealed to this court from the order of dismissal.

The motion to dismiss and the district court’s order of dismissal were based upon the ground that the only appeal from police magistrate’s court provided by the legisla ture requires a complete new trial in district court; that this new…