City of Madison v. Horner

Citations

• 15 S.D. 359
• 89 N.W. 474
• 1902 S.D. LEXIS 4

Syllabus

<p>1. Actions for violation of city ordinances are not criminal actions, within the meaning of Comp. Laws, §§4813, 4814, dividing actions into two classes — criminal and civil — and defining a criminal action as “one prosecuted by the state against a person chaiged with a public offense, for the punishment thereof.”</p> <p>2. Comp. Laws, § 5214, provides for appeals in civil actions, and Section 7499 provides that either party in a criminal action may sue out a writ of error. Held, that an action for the violation of a city ordinance, not being a criminal action, could only be brought to the supreme court by appeal, and not by. writ of error.</p>