Legal Opinion

Garland v. City of Denver

Supreme Court of Colorado

Decided October 15, 1888PublishedCited by 12 opinions

Error to Criminal Court of Arapahoe County. The plaintiffs in error, J. B. Garland and O. O. Bischof, were arrested in April, 1884, and afterwards tried before the police court of the city of Denver, on the charge of having engaged in the business of ticket brokers in said city without license, contrary to its ordinance.

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Error to Criminal Court of Arapahoe County. The plaintiffs in error, J. B. Garland and O. O. Bischof, were arrested in April, 1884, and afterwards tried before the police court of the city of Denver, on the charge of having engaged in the business of ticket brokers in said city without license, contrary to its ordinance. They were convicted, and each adjudged to pay a fine of §50 and costs; from which judgment they appealed to the criminal court -of the county of Arapahoe, where they were tried before a jury and convicted, and each adjudged to pay a fine of $50 and costs. The cause is brought…

1Opinion of the Court

De France, C.

The plaintiffs in error claim that this is not a criminal case, and that therefore the criminal court of Arapahoe county had no jurisdiction of the same. This is a prosecution for the violation of a city ordinance, and is brought in the name of the city, as provided for by section 26, article 2, of the charter of said city, in force when this suit was commenced. Sess. Laws 1883, p. 68. It is not a criminal case in the sense in which that term is used in section 24, article 6, of the constitution of this state. This section reads as follows: “ The general assembly shall have power…

Also in this document: Per curiam.

2Cases cited3 opinions

  1. Williams v. City Council of AugustaSupreme Court of Georgia · 1848
  2. City of Davenport v. BirdSupreme Court of Iowa · 1872
  3. Cooper v. PeopleMichigan Supreme Court · 1879

3Cited by12 opinions

  1. City of Greeley v. HammanSupreme Court of Colorado · 1888
  2. City of Pueblo v. MurphySupreme Court of Colorado · 1975
  3. State v. EgliIdaho Supreme Court · 1925
  4. City of Miles City v. Red KernMontana Supreme Court · 1892
  5. Coors v. BrockColorado Court of Appeals · 1912

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