City of Huron v. Carter

Citations

• 5 S.D. 4
• 57 N.W. 947
• 1894 S.D. LEXIS 24

Syllabus

<p>1. It seems that where an act is not essentially criminal under the law of the state a municipal ordinance will not make it so.</p> <p>2. An action to recover a penalty prescribed by a municipal ordinance on account of an act not criminal by the general law of the state, but forbidden by such ordinances, is a civil action.</p> <p>3. While the legislature cannot compel a litigant to accept less than a constitutional jury, the parties themselves in a civil action may voluntarily consent to a jury of any number.</p> <p>4. Where a particular jurisdiction is conferred upon an inferior court or tribunal, its decision, when acting' within its jurisdiction, is final, unless provision is made for an appeal from such decision.</p> <p>(Syllabus by the court.</p>