Platt v. Harrison
Supreme Court of Iowa
Certiorari from Linn District Court. Platt was found guilty of the offence of selling goods,' wares, &c., at public auction, within the corporate limits of Iowa Oity, without having a license, as required by an ordinance of the city council. The trial and proceedings were before the proper police magistrate of the city. The fine was assessed at $25, and the defendant ordered to be imprisoned for fifteen days, unless the fine and costs should be sooner paid.
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Certiorari from Linn District Court. Platt was found guilty of the offence of selling goods,' wares, &c., at public auction, within the corporate limits of Iowa Oity, without having a license, as required by an ordinance of the city council. The trial and proceedings were before the proper police magistrate of the city. The fine was assessed at $25, and the defendant ordered to be imprisoned for fifteen days, unless the fine and costs should be sooner paid. Under the proper mittimus, he was placed in the custody of Harrison, as sheriff, and while thus detained, he applied to the district…
1Opinion of the Court
Wright, O. J.
— The discharge of the prisoner is attempted to be sustained, upon the ground that the city council had no power to pass the ordinance under which he was convicted. It seems to us, however, that we should first inquire, whether the district court had any power or authority to examine into the legality, or regularity of the conviction, under this writ. Eor, if there was no right to make this examination, then it is immaterial to the present inquiry, whether the council had, or had not, the power to pass the ordinance. To this question, therefore, we direct our attention.
The police…
2Cases cited6 opinions
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- In re the case of YatesNew York Supreme Court · 1809
- Commonwealth ex rel. Davis v. LeckySupreme Court of Pennsylvania · 1832
- Johnson v. United StatesU.S. Circuit Court for the District of Michigan · 1842
- Bank of the United States v. JenkinsNew York Supreme Court · 1820
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Sennott's CaseMassachusetts Supreme Judicial Court · 1888
- In re NewcombWashington Supreme Court · 1909
- Ex parte HolmanSupreme Court of Iowa · 1869
- Elsner v. ShrigleySupreme Court of Iowa · 1890
- Jackson v. BoydSupreme Court of Iowa · 1880
9 more not listed; retrieve them via the Exa API.