West v. City of Columbus
Supreme Court of Kansas
Error from Cherolcee District Court. At the October Term 1876 of the district court, West was convicted of the offense of having sold intoxicating liquors, at the city of Columbus, in violation of the ordinance of said city, on the 5th of August 1876. West was a druggist, and kept a drug-store in Columbus. The complaint charged, among other matters, that the alleged sale was “contrary to- and in violation of Ordinance No. 36, of the ordinances of the city of Columbus.”
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Error from Cherolcee District Court. At the October Term 1876 of the district court, West was convicted of the offense of having sold intoxicating liquors, at the city of Columbus, in violation of the ordinance of said city, on the 5th of August 1876. West was a druggist, and kept a drug-store in Columbus. The complaint charged, among other matters, that the alleged sale was “contrary to- and in violation of Ordinance No. 36, of the ordinances of the city of Columbus.” West was sentenced to pay a fine of $50, and costs of suit; and he now brings the record here on error for review.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was a criminal prosecution in the police-court of the city of Columbus against West, for a violation of a city ordinance in the sale of liquor. Defendant was convicted in that court, and appealed therefrom to the district court, in which, upon trial, he was again convicted. This conviction he seeks to review in this court by petition in error, and not by appeal. But it has already been decided that appeal, and not error, is the proper remedy. Neitzel v. City of Concordia, 14 Kas. 446. Notwithstanding, we have examined the record, and…
2Cases cited1 opinion
- Neitzel v. City of ConcordiaSupreme Court of Kansas · 1875
3Cited by6 opinions
- Foley v. StateNebraska Supreme Court · 1894
- Tipp v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1939
- City of Kingman v. BerrySupreme Court of Kansas · 1889
- Smith v. City of EmporiaSupreme Court of Kansas · 1882
- City of Oakwood v. Hartford Accident & Indemnity Co.Court of Appeals for the Sixth Circuit · 1936
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