City of Winona v. Burke
Supreme Court of Minnesota
The defendant was tried before a justice of the peace in and for Wiuona city and county, on a complaint charging him with maintaining a nuisance in the said city, i( contrary to the provisions of an ordinance of this city, entitled an ordinance to prevent and abate nuisances.” This was the only mention of the ordinance in the complaint, nor was any proof of it made at the trial.
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The defendant was tried before a justice of the peace in and for Wiuona city and county, on a complaint charging him with maintaining a nuisance in the said city, i( contrary to the provisions of an ordinance of this city, entitled an ordinance to prevent and abate nuisances.” This was the only mention of the ordinance in the complaint, nor was any proof of it made at the trial. The defendant moved to dismiss the action on the ground that no offence was charged in the complaint, and for want of proof of the violation of any ordinance of the city, no ordinance of the city having-been offered…
1Opinion of the CourtGtlkilean, C. J.
The defendant was convicted in the court below for the alleged violation of a city ordinance. On the trial no proof of the ordinance was made, and the defendant moved to dismiss the prosecution on that ground, which motion was denied. It is claimed on behalf of the city that, because of Laws 1873, c. 68 — which provides that, when the “by-laws, ordinances, etc., of any city * * * have been or shall hereafter be printed and published by authority of the corporation, the same shall be received in evidence in all courts and places without further proof” —the court will take judicial notice of…
2Cases cited2 opinions
- Garvin v. WellsSupreme Court of Iowa · 1859
- Goodrich v. BrownSupreme Court of Iowa · 1870
3Cited by6 opinions
- State v. KusickSupreme Court of Minnesota · 1921
- City of Miles City v. Red KernMontana Supreme Court · 1892
- McIntosh v. City of PuebloColorado Court of Appeals · 1897
- State v. OverbySupreme Court of Minnesota · 1911
- McIntosh v. City of PuebloColorado Court of Appeals · 1897
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