Legal Opinion

City of Burlington v. Unterkircher

Supreme Court of Iowa

Decided October 20, 1896PublishedCited by 7 opinions

Appeal from Des Moines District Court. — Hon. James H. Smythe, Judge. This proceeding 'was instituted in police court, by information, which charged the defendants with the violation of a city ordinance, in running hacks, carriages, and other vehicles for hire and profit, without a license. The defendants were tried in the police court, and found guilty, and appealed to the district court. A jury was waived in that court, and the defendants were acquitted.

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Appeal from Des Moines District Court. — Hon. James H. Smythe, Judge. This proceeding 'was instituted in police court, by information, which charged the defendants with the violation of a city ordinance, in running hacks, carriages, and other vehicles for hire and profit, without a license. The defendants were tried in the police court, and found guilty, and appealed to the district court. A jury was waived in that court, and the defendants were acquitted. The plaintiff then served a notice of appeal upon the defendants and the clerk of the district court.

1Opinion of the CourtRobinson, J.

The ordinance under which this proceeding was instituted makes it “the duty of every person wishing to run for hire any conveyance for passengers, baggage or merchandise, before running the same, to procure a license therefor from the city clerk,” and a number for each vehicle, to be placed upon it. The ordinance made it the duty of every person running such a vehicle to transport passengers, baggage, and merchandise within the city, upon demand, and provided a schedule of maximum charges, which, so far as they applied to passengers, were required to be posted in each conveyance for…

2Cases cited9 opinions

  1. State ex rel. Toi v. FrenchMontana Supreme Court · 1895
  2. City of Ottumwa v. ZekindSupreme Court of Iowa · 1895
  3. Town of State Center v. BarensteinSupreme Court of Iowa · 1885
  4. City of Des Moines v. Des Moines Waterworks Co.Supreme Court of Iowa · 1895
  5. Meyers v. C., R. I. & P. R.Supreme Court of Iowa · 1881

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3Cited by7 opinions

  1. Iowa City v. GlassmanSupreme Court of Iowa · 1912
  2. State v. DabneySupreme Court of Arkansas · 1928
  3. City of Des Moines v. BoltonSupreme Court of Iowa · 1905
  4. Castle Dale City v. WoolleyUtah Supreme Court · 1923
  5. Iowa City v. NewellSupreme Court of Iowa · 1901

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