State Ex Rel. City of Bismarck v. District Court

Forsythe entered a plea of guilty to a charge of violating an ordinance of the city of Bismarck regulating plumbing. lie was given a jail sentence and committed thereunder. Thereupon he petitioned the district court of Burleigh county for a writ of habeas corpus, claiming the ordinance to be unconstitutional and void. The district court issued the writ and he was discharged.

The city of Bismarck insisting that the ordinance in question is constitutional and valid, seeks a review of the action of the district court. To 'that end the city has applied to this court for such relief as may be…