City of Centerville v. Olson

Citations

• 16 S.D. 526
• 94 N.W. 414
• 1903 S.D. LEXIS 118

Syllabus

<p>1. Laws 1890, p. 84, c. 37, art. 11, § 9, provides that in all cases before a justice arising under city ordinances an appeal may be taken by the defendant to the county or circuit court, as in other appeals from justice court, and section 14 (page 86) declares that in all such cases not specially provided for the proceedings in the police court shall be governed by the laws regulating proceedings in justice courts in criminal eases. Held, that a proceeding on behalf of a city against a defendant arrested forviolation of a city ordinance was quasi criminal in its nature, and hence an oral notice of appeal authorized in criminal cases before justices of the peace by Oomp. Laws 1887, § 6177, was sufficient.</p> <p>2. Laws 1890, p. 84, c. 37, art. 11, § 9, authorizing appeals from proceedings before justices for violation of city ordinances, provides that the defendant shall enter into a recognizance conditioned, in case of a fine, for the payment of the fine and costs, and costs of appeal. Held, that where defendant, convicted of violating an ordinance, was adjudged to pay afine and costs, a recognizance which was not conditioned for the payment of the fine and costs, and the costs of the appeal, and was drawn in favor of the state instead of the city, by which the proceeding was brought, was ineffectual to sustain the appeal.</p>