Legal Opinion

Village of Fairmont v. Meyer

Supreme Court of Minnesota

Decided June 14, 1901No. Nos. 12,573 — (181)PublishedCited by 7 opinions

Defendant was arrested, upon a warrant of a justice of the peace of the village of Fairmont, on the charge of open and notorious drunkenness, in violation of an ordinance of the village, and, being convicted, appealed upon questions of law alone to the district court for Martin county.

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Defendant was arrested, upon a warrant of a justice of the peace of the village of Fairmont, on the charge of open and notorious drunkenness, in violation of an ordinance of the village, and, being convicted, appealed upon questions of law alone to the district court for Martin county. In the district court the case was tried before Quinn, J., who made an order affirming the judgment of the justice of the peace and directing judgment against defendant and his surety on appeal. From a judgment entered pursuant to the order, defendant appealed to the supreme court.

1Opinion of the CourtCollins, J.

The plaintiff village in this action was incorporated and organized under G. S. 1894, c. 10, tit. 3, the same being sections 1196 to 1275, inclusive, and among its ordinances is one entitled

“An ordinance to prevent and punish disturbances of the peace, vagrancy, riots, drunkenness, interference with public officers, and other offenses,”

open and notorious 'drunkenness being expressly prohibited. Defendant Meyer was arrested upon a warrant issued on a complaint duly made, subscribed, and sworn to, charging him with a violation of this ordinance, in that he did at the time specified

“Become and…

2Cases cited3 opinions

  1. Levine v. Lancashire InsuranceSupreme Court of Minnesota · 1896
  2. City of Red Wing v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1898
  3. State v. HammondSupreme Court of Minnesota · 1889

3Cited by7 opinions

  1. State v. SugarmanSupreme Court of Minnesota · 1914
  2. Ex parte SloanNevada Supreme Court · 1923
  3. State ex rel. Zien v. City of DuluthSupreme Court of Minnesota · 1916
  4. City of Virginia v. EricksonSupreme Court of Minnesota · 1918
  5. City of Alexandria v. VieringSupreme Court of Minnesota · 1929

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