Legal Opinion

City of Brownville v. Cook

Nebraska Supreme Court

Decided January 15, 1875PublishedCited by 16 opinions

This case came up from Nemaha county. It originated in the police court of the city of Brownville, and was a complaint, under an ordinance of that city, against Minnie G. Cook for maliciously breaking, with a cudgel, five beer glasses of one John Wagner, in his place of business in said city. The proceedings were had on the 5th day of April, A. D. 1873. The defendant plead guilty, and was fined three dollars and costs.

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This case came up from Nemaha county. It originated in the police court of the city of Brownville, and was a complaint, under an ordinance of that city, against Minnie G. Cook for maliciously breaking, with a cudgel, five beer glasses of one John Wagner, in his place of business in said city. The proceedings were had on the 5th day of April, A. D. 1873. The defendant plead guilty, and was fined three dollars and costs. A petition in error was filed in the district court upon which the judgment of the police court was reversed and set aside. The city then brought the cause here by petition in…

1Opinion of the Court

Lake, Ch. J.

There are but two questions in this case that need be considered. Of these, however, only the one which I shall first notice was discussed at the bar. This relates to the power of the city of Brownville, to pass the ordinance, under which the defendant was convicted and sentenced by the police judge.

The ordinance provides, “that any person who shall willfully, maliciously or mischievously meddle with, or trespass upon, the personal or real property of another, within the corporate limits of said city, shall be liable to a fine of not more than twenty-five dollars and costs, and in…

2Cited by16 opinions

  1. Thelsen v. McDavidSupreme Court of Florida · 1894
  2. State v. LeeSupreme Court of Minnesota · 1882
  3. Judy v. LashleyWest Virginia Supreme Court · 1902
  4. Moundsville v. FountainWest Virginia Supreme Court · 1885
  5. Hood v. Von GlahnSupreme Court of Georgia · 1892

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