City of Huron v. Carter
South Dakota Supreme Court
Appeal from circuit court, Beadle county. Hon. A. W. Campbell, Judge. Action by the city of Huron against John B. Carter for violation of a city ordinance. From a judgment for defendant, the city appeals. The facts so far as material are stated in the opinion.
Read the full summary
Appeal from circuit court, Beadle county. Hon. A. W. Campbell, Judge. Action by the city of Huron against John B. Carter for violation of a city ordinance. From a judgment for defendant, the city appeals. The facts so far as material are stated in the opinion. A prosecution on a part of a city for a violation of its ordinances, which does not amount to a crime or misdemeanor under the laws of the state, is only quasi criminal, and the principles of law applicable to the trial of civil causes should be applied to it. State v. Lee, 13 N. W. 914; Chaffin v. County of Waukesha, 22 N. W. 734;…
1Opinion of the CourtKellam, J.
This action was brought against respondent before the police justice of the city of Huron, for an alleged violation of one of the health ordinances of the city. At the proper time the respondent (defendant) demanded a jury trial,. and it was agreed in open court by and between the plaintiff and the defendant “that the case should be tried by a jury of six, to be selected from a list of twelve names provided by the court. The court consented and the jury were regularly impaneled and selected” pursuant to such agreement. The jury found the defendant guilty, and the court entered its judgment…
2Cases cited9 opinions
- Ex parte HollwedellSupreme Court of Missouri · 1881
- Vaughn v. ScadeSupreme Court of Missouri · 1860
- City of Oshkosh v. SchwartzWisconsin Supreme Court · 1882
- Miller v. O'ReillyIndiana Supreme Court · 1881
- Roach v. BlakeySupreme Court of Virginia · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Peterson v. StateNebraska Supreme Court · 1907
- City of Brookings v. RobertsSouth Dakota Supreme Court · 1975
- State v. StunkardSouth Dakota Supreme Court · 1911
- City of Sioux Falls v. KirbySouth Dakota Supreme Court · 1894
- Harmdierks v. SmithSouth Dakota Supreme Court · 1929
12 more not listed; retrieve them via the Exa API.