Legal Opinion

City of Santa Barbara v. Sherman

California Supreme Court

Decided July 1, 1882No. 8,240PublishedCited by 5 opinions

Appeal from a judgment for defendants in the Superior Court of the County of Santa Barbara. Hatch, J.

1Opinion of the Court

The Court:

This action is in no sense a civil action. The complaint demands that defendants be adjudged guilty of violating ordinance No. 62, and that they be punished by fine and imprisonment. If it be an action, it is criminal, and should have been prosecuted in the name of The People. (Sec. 684, Penal Code.) It is not necessary to notice the other points presented.

The judgment of dismissal is affirmed.

2Cited by5 opinions

  1. Grand Jury of San Joaquin v. ShepardCalifornia Supreme Court · 1911
  2. In Re NichollsCalifornia Court of Appeal · 1925
  3. Matter of Application of ClarkCalifornia Court of Appeal · 1914
  4. Territory of Hawaii ex rel. County of Oahu v. WhitneyHawaii Supreme Court · 1905
  5. People v. Pacific Gas & Electric Co.California Supreme Court · 1914