City of Elk Point v. Vaughn
Supreme Court Of The Territory Of Dakota
Appeal from Union County District Court. This action was instituted by the city of Elk'Point, a municipal corporation, created by special charter, against the defendant, for an alleged violation of an ordinance of said city, prohibiting the sale of intoxicating liquors without a city license. The action was‘tried before the city justice, defendant found guilty and sentenced to pay a fine of fifty dollars, from which defendant appealed to the District Court.
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Appeal from Union County District Court. This action was instituted by the city of Elk'Point, a municipal corporation, created by special charter, against the defendant, for an alleged violation of an ordinance of said city, prohibiting the sale of intoxicating liquors without a city license. The action was‘tried before the city justice, defendant found guilty and sentenced to pay a fine of fifty dollars, from which defendant appealed to the District Court. Trial was there had to. a jury, which resulted in a verdict of guilty. Motions for a new trial and in arrest of judgment were made, and…
1Opinion of the CourtKidder, J.
This case comes before us on an appeal from tlie District Court of Union county. It is for a violation of City Ordinance No. 17. It was tried first before a justice of the peace, by whom the defendant was convicted, when an ¡appeal was taken to the District Court.
The information alleges, that the defendant sold one gallon of spirituous liquor, by measure, to one B. M. Brink, on the 26th day of July, 1874, without license or lawful authority to make such sale, and contrary to said ordinance.
The first section of this ordinance makes it unlawful for any person or persons, by agent or otherwise,…
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