Glendinning v. City & County of Denver
Supreme Court of Colorado
Error to Denver County Court — Hon. John R. Dixon, Judge. Plaintiff in error (defendant below) was convicted in the police court of the City and County of Denver, for violating sections 1125 and 1126 of the municipal code of said city. On appeal to the county court, he was again convicted, and the case is here on error.
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Error to Denver County Court — Hon. John R. Dixon, Judge. Plaintiff in error (defendant below) was convicted in the police court of the City and County of Denver, for violating sections 1125 and 1126 of the municipal code of said city. On appeal to the county court, he was again convicted, and the case is here on error. Said sections are as follows: "Sec. 1125. No person shall manufacture or sell within the City and County of Denver oleomargarine or any other substance made in imitation of or having the semblance of butter, which substance is not made wholly from pure cream or milk, unless he…
1Opinion of the CourtJustice Garrigues
court:
The statute does not prohibit the sale of oleomargarine; it forbids, and makes it a misdemeanor to sell oleomargarine made in imitation of butter. The city does not require a license for the sale of oleomargarine; it requires a license to sell oleomargarine made in imitation of butter. Oleomargarine is white, and butter is yellow, naturally. The city requires a license for doing the very thing forbidden by the statute. All municipal ordinances must be in harmony with the general law of the state; if they are inconsistent or repugnant to such general law, they are void, ultra vires, and…
2Cases cited2 opinions
- Keefe v. PeopleSupreme Court of Colorado · 1906
- State v. LindsaySupreme Court of Arkansas · 1879
3Cited by10 opinions
- Ray v. DenverSupreme Court of Colorado · 1942
- City & County of Denver v. TihenSupreme Court of Colorado · 1925
- Woolverton v. City and County of DenverSupreme Court of Colorado · 1961
- Town of Superior v. Midcities Co.Supreme Court of Colorado · 1997
- Vick v. PeopleSupreme Court of Colorado · 1968
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