State v. People's Ice Co.
Supreme Court of Minnesota
The People’s Ice Company was indicted by the grand jury of Ramsey county of unlawfully entering into a combination in restraint of trade wbieb tended to control and regulate the price of ice, was tried in the district court for Dakota county before Johnson, J., and a jury, convicted and sentenced to pay a fine of $2,000. From the judgment and sentence the People’s Ice Company appealed.
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The People’s Ice Company was indicted by the grand jury of Ramsey county of unlawfully entering into a combination in restraint of trade wbieb tended to control and regulate the price of ice, was tried in the district court for Dakota county before Johnson, J., and a jury, convicted and sentenced to pay a fine of $2,000. From the judgment and sentence the People’s Ice Company appealed. The state made a motion to dismiss the appeal on the ground that prior to the taking of the appeal the appellant voluntarily paid the judgment, and that under such circumstances an appeal does not lie from a…
1Opinion of the CourtHolt, J.
The state moves to dismiss the appeal for the reason that appellant, subsequent to the judgment and prior to the appeal, voluntarily paid the fine, the only penalty imposed by the judgment.
The appellant contends that it has the statutory right to appeal within six months after the judgment is pronounced; that the satisfaction of the judgment does not affect this right to appeal; that the payment of a fine cannot be held voluntary, since appellant had property subject to execution; and that, since the stay of execution on appeal in a criminal case is a matter of grace and not of right, the…
2Cases cited9 opinions
- Commonwealth v. FlecknerMassachusetts Supreme Judicial Court · 1896
- Commonwealth v. GipnerSupreme Court of Pennsylvania · 1888
- People v. LeavittMichigan Supreme Court · 1879
- Washington v. ClelandOregon Supreme Court · 1907
- De Graff v. County of RamseySupreme Court of Minnesota · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Bartel v. New Haven TownshipSupreme Court of Minnesota · 1982
- State Ex Rel. Weich v. City of Red WingSupreme Court of Minnesota · 1928
- People v. BandyAppellate Court of Illinois · 1925
- State v. SchreiberNew York Court of General Session of the Peace · 1933
- State v. ParkerSupreme Court of Minnesota · 1931
6 more not listed; retrieve them via the Exa API.