H v. Zobisch v. Geary.

The plaintiff in error was convicted in the county court of Blaine county, and was by the court on March 13, 1923, sentenced to pay a fine of $100. From the judgment an appeal was attempted to be taken by filing in this court on August 9, 1923, a petition in error with case-made.

J. P. Wishard, attorney for the city of Geary, on February 13, 1925, filed the following motion to dismiss the appeal:

“Comes now the defendant in error, the city of Geary, and shows to the court that this is a prosecution in the nature of a criminal charge brought by the city of Geary against the plaintiff in error,…