City of Greeley v. Hamman
Supreme Court of Colorado
Error to County Court of Weld County. William M. Hamman was prosecuted for violation of a city ordinance prohibiting the sale of intoxicating liquors. A conviction took place before the police magistrate; but on the trial in the county court, to which an appeal had been taken, the ordinance under which the prosecution took place was held void, and the action was accordingly dismissed.
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Error to County Court of Weld County. William M. Hamman was prosecuted for violation of a city ordinance prohibiting the sale of intoxicating liquors. A conviction took place before the police magistrate; but on the trial in the county court, to which an appeal had been taken, the ordinance under which the prosecution took place was held void, and the action was accordingly dismissed. To review the final judgment thus rendered the present writ of error was sued out by the city, which Ham-man moves to dismiss.
1Opinion of the CourtJustice Helm
delivered the opinion of the court.. The specific question presented at this time upon the record before us may be stated as follows: Can a municipal corporation take a writ of error to review a judgment for defendant in an action for violation of a city ordinance, the penalty for which may be fine or imprisonment — the alleged offense not being punishable under the provisions of any existing general statute?
It is contended that prosecutions under circumstances such as are here presented are criminal, and that they should be governed by the rules regulating criminal procedure and practice. It…
2Cases cited17 opinions
- Ex parte HollwedellSupreme Court of Missouri · 1881
- People ex rel. Mixer v. Board of SupervisorsMichigan Supreme Court · 1873
- Williams v. City Council of AugustaSupreme Court of Georgia · 1848
- Shafer v. MummaCourt of Appeals of Maryland · 1861
- Town of Camden v. BlochSupreme Court of Alabama · 1880
12 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- City of Canon City v. MerrisSupreme Court of Colorado · 1958
- McInerney v. City of DenverSupreme Court of Colorado · 1892
- Austin v. City and County of DenverSupreme Court of Colorado · 1970
- City of Durango v. ReinsbergSupreme Court of Colorado · 1891
- Dunbar v. OlivieriSupreme Court of Colorado · 1935
30 more not listed; retrieve them via the Exa API.