Legal Opinion

City of Greeley v. Hamman

Supreme Court of Colorado

Decided September 15, 1891PublishedCited by 6 opinions

Error to County Court of Weld County. This was a prosecution for the violation of a municipal ordinance. The judgment of the county court was in favor of the defendant. Upon motion to dismiss the writ of error from this court it was held that the proceeding was a civil action, and that the judgment could be reviewed' by such writ at the suit of the city.

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Error to County Court of Weld County. This was a prosecution for the violation of a municipal ordinance. The judgment of the county court was in favor of the defendant. Upon motion to dismiss the writ of error from this court it was held that the proceeding was a civil action, and that the judgment could be reviewed' by such writ at the suit of the city. See former opinion, City of Greeley v. Hamman, 12 Colo. 94. The cause was originally commenced before the police magistrate. Upon appeal in the county court the findings of the court were as follows:— “ 1st. Ordinance No. 2 for the violation…

1Opinion of the CourtJustice Elliott

This was a prosecution under a municipal ordinance for the illegal sale of intoxicating liquors. There is no controversy in this court as to the violation of the ordinance as a question of fact; but the validity of the ordinance is challenged upon the ground that it was not legally passed. It *32was passed at a special meeting; and the contention is, that the evidence does not show that the meeting was legally called as required by law.

By the act-concerning towns and cities it is provided that the city council “ shall determine the times and places of holding their meetings, which shall at all…

2Cases cited5 opinions

  1. McCormick v. Bay CityMichigan Supreme Court · 1871
  2. State ex rel. Parker v. SmithSupreme Court of Minnesota · 1875
  3. Town of Durango v. PenningtonSupreme Court of Colorado · 1885
  4. Tacey v. PeopleSupreme Court of Colorado · 1882
  5. State v. VailSupreme Court of Iowa · 1880

3Cited by6 opinions

  1. Adams v. SimsSupreme Court of Arkansas · 1964
  2. Grosjean v. Board of EducationCalifornia Court of Appeal · 1919
  3. State ex rel. Weiss v. KeeferOhio Court of Appeals · 1914
  4. National Life Insurance v. City of OmahaNebraska Supreme Court · 1905
  5. Opinion No., Arkansas Attorney General Reports1997

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