City of Durango v. Reinsberg
Supreme Court of Colorado
Error to La Plata County. Court. This action was originally commenced before the police magistrate of the city of Durango.
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Error to La Plata County. Court. This action was originally commenced before the police magistrate of the city of Durango. The complaint upon ivhich the action was based contains the following charge: “ That one E. Reinsberg, on or about the 22d day of June, 1890, said day being then and there a Sabbath day, at, to-wit, the said city of Durango, county of La Plata, state of ■ Colorado, then and there being, did then and there violate section number 1 of ordinance number 229 of the city of Durango, being an ordinance entitled an ordinance requiring the observance of the Sabbath, by keeping…
1Opinion of the CourtJustice Elliott
It has been expressly held by this court that a prosecution under a municipal ordinance for an offense not punishable by general statute is not a criminal proceeding, but a civil action; and that a judgment in such an action agavnst the rivitnicypaZity may be reviewed by this court upon writ of error. City of Greeley v. Hamman, 12 Colo. 94.
Neither the complaint nor any part of the record in this case discloses the kind of business which the defendant was accused of carrying on upon the Sabbath day. The complaint charges in substance that he kept his place of, business open and displayed and…
2Cases cited1 opinion
- City of Greeley v. HammanSupreme Court of Colorado · 1888
3Cited by26 opinions
- City of Canon City v. MerrisSupreme Court of Colorado · 1958
- McInerney v. City of DenverSupreme Court of Colorado · 1892
- Geer v. AlanizSupreme Court of Colorado · 1958
- Phillips v. City of DenverSupreme Court of Colorado · 1893
- Woolverton v. City and County of DenverSupreme Court of Colorado · 1961
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