State ex rel. Lamarque v. Burthe

The opinion of the Court was delivered by

Bermudez, C. J.

This is an application for a mandamus to compel the granting of a suspensive appeal.

The relator charges that he was arrested for violation of an ordinance of this city, bearing No. 4798, A. S., prohibiting private markets within a certain radius from a public market; that he pleaded that the ordinance had been repealed by the present city charter; that he was nevertheless fined $25 and sentenced to imprisonment during thirty days in ease of non-payment; that he has applied for a suspensive appeal, which was refused him.

He prayed for an…