State v. Tsni Ho

The opinion of the Court was delivered by.

Fenner, J.

This appeal finds its way into our Court under the sole protection of that clause of article 81 of the Constitution which extends our jurisdiction to “all cases in which the constitutionality or legality of any fine, forfeiture or penalty imposed by a municipal corporation shall be in contestation, whatever may be the amount thereof, etc.”

Essential conditions precedent to the maintenance of our jurisdiction are wanting in this case.

It is obvious that the “contestation” referred to in the Constitution, must have existed in the lower court,…