City Council v. Eichelberger

Citations

• 44 S.C. 351
• 22 S.E. 345
• 1895 S.C. LEXIS 80

Syllabus

<p>1. Mayor’s Court — Appeal—Facts.—Where no facts are stated on appeal to this court from the appellate judgment of the Circuit Court reducing the sentence of a Mayor’s Court, it must be assumed that the facts were such as to justify such modification of the sentence by the Circuit Court as the law allowed.</p> <p>2. Ibid. — Ibid.—Modification.—Under the charter of a city, the mayor was vested with all the powers of trial justices within the limits of said city, and, therefore, exercised the powers of a trial justice when he tried an offender charged with violation of a city ordinance. Hence, the accused, from the sentence imposed by the mayor, may appeal to the Circuit Court, and that court may modify the sentence by reducing the amount of the fine as to the Circuit Judge may seem meet and conformable to law.</p> <p>Mr. Chief Justice McIver dissenting.</p>