City of Muscatine v. Steck
Supreme Court of Iowa
Appeal from, the Muscatine District Court. The defendant was complained of for keeping a disorderly house, under the ordinances'of the city of Muscatine. The .offense was cognizable by the mayor. The transcript, which is the only paper to guide the court in the case, is signed, “ S. Burgesser, acting mayor and justice of the peace.” This recites that the defendant “ filed a motion to dismiss, which motion was overruled.”
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Appeal from, the Muscatine District Court. The defendant was complained of for keeping a disorderly house, under the ordinances'of the city of Muscatine. The .offense was cognizable by the mayor. The transcript, which is the only paper to guide the court in the case, is signed, “ S. Burgesser, acting mayor and justice of the peace.” This recites that the defendant “ filed a motion to dismiss, which motion was overruled.” The defendant being convicted, he appealed; and the record of the district court recites that he moved to dismiss the cause, “ for reason that S. Burgesser, the person who…
1Opinion of the CourtWoodward, J.
The defendant argues, that whilst by chapter 78 of the acts of 1853,137, a justice of the peace may act in the capacity of a justice for the trial of offences, in case of the absence or.inability of the mayor, yet when he does so act, the absence or inability of the mayor, must be made to appear upon the docket. Such being the provision of the act, he contends that' this not appearing, the justice has not shown his authority to act, and in this view we concur.
*507The plaintiff urges that the error is not made to appear by this motion, and the transcript. In other words, how does it appear that…
2Cited by3 opinions
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