Legal Opinion

City of Davenport v. Bird

Supreme Court of Iowa

Decided July 25, 1872PublishedCited by 24 opinions

Appeal from Scott District Court. It is agreed by counsel that the defendant was arrested, tried before the police magistrate of the city of Davenport, and found guilty of violating an ordinance of the city,- and fined $3 and costs; that defendant appealed to the district court, where he interposed a demurrer to the information for the reasons: ' ££ 1st. That although section 6, article 8 of the original charter of the city of Davenport, passed February 5, 1851, provides : ‘…

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Appeal from Scott District Court. It is agreed by counsel that the defendant was arrested, tried before the police magistrate of the city of Davenport, and found guilty of violating an ordinance of the city,- and fined $3 and costs; that defendant appealed to the district court, where he interposed a demurrer to the information for the reasons: ' ££ 1st. That although section 6, article 8 of the original charter of the city of Davenport, passed February 5, 1851, provides : ‘ That all suits, actions- and prosecutions instituted and commenced, 6r brought by the corporation hereby created, shall…

1Opinion of the CourtMiller, J.

The record‘sets out portions of the city charter:

Section 2, article 1, provides: " That the city council *526shall have power to regulate the police of the city; to impose fines, forfeitures and penalties for the breach of an ordinance, and provide for the recovery and appropriation of such fines and forfeitures, and the enforcement of such penalties.”

Section 3, article 8: “ That the city council shall have power to provide for the punishment of offenders by imprisonment in the county jail or work-house, or city prison, in all cases where such offenders shall fail or refuse to pay the fines and…

2Cases cited1 opinion

  1. Sprague v. BirchardWisconsin Supreme Court · 1853

3Cited by24 opinions

  1. City of Emporia v. VolmerSupreme Court of Kansas · 1874
  2. Ex parte HollwedellSupreme Court of Missouri · 1881
  3. State v. LeeSupreme Court of Minnesota · 1882
  4. In Re SimmonsCourt of Criminal Appeals of Oklahoma · 1911
  5. City of Helena v. KentMontana Supreme Court · 1905

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