State v. Peck
Supreme Court of Iowa
Appeal from, Polk District Court. Tuesday, October 21. At the October term, 1872, of the district court, the defendant, James J. Peck, filed in each of these causes a motion showing that on the 26th day of March, 1872, he had been convicted of the crime of nuisance; was sentenced to paya fine of $500 and costs of suit, and in default of payment to be imprisoned until the same should be paid, or at the rate of $3.33 per day for fhe requisite time; that afterward he was, for…
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Appeal from, Polk District Court. Tuesday, October 21. At the October term, 1872, of the district court, the defendant, James J. Peck, filed in each of these causes a motion showing that on the 26th day of March, 1872, he had been convicted of the crime of nuisance; was sentenced to paya fine of $500 and costs of suit, and in default of payment to be imprisoned until the same should be paid, or at the rate of $3.33 per day for fhe requisite time; that afterward he was, for non-payment of such fines, taken into custody by the sheriff1, and imprisoned for the period of thirty days, and then…
1Opinion of the CourtMiller, J.
Joseph Hierb has never been a party, in any sense, to the judgment appealed from; any adjudication upon his rights would, therefore, be improper.
The only question properly before us is, whether the defendant, under the facts shown, is entitled to have the judgment against him canceled of record.
The Revision, section 4881, provides that “ a judgment that defendant pay a fine, may also direct that he be imprisoned until the fine be satisfied, specifying the extent of the imprisonment, which shall not exceed one day for every three and one-third dollars of the fine.” Section 5005 further…
2Cases cited1 opinion
- State v. Van VleetSupreme Court of Iowa · 1867