City of Denver v. Girard

This action was brought in the police magistrate’s court in the city of Denver by the plaintiff in error to recover a penalty for the violation by defendant in error of an ordinance prohibiting the erection or occupation of any booth or stand upon the streets or sidewalks, and the sale of merchandise therefrom.

A judgment was rendered against the defendant in error, from which an appeal was taken to the county court, where, upon the conclusion of the trial, the cause was dismissed. From this judgment the city has brought the case here by writ of error.

The ordinance upon which this prosecution…