Ex parte Davis

Citations

• 115 Cal. 445
• 47 P. 258
• 1896 Cal. LEXIS 1030

Syllabus

<p>Municipal Ordinance—Enforcement in Municipal Court—Pleading— Judicial Notice.—Where a proceeding is instituted in a municipal court, for the express purpose of enforcing a municipal ordinance, which is the peculiar law of that forum, it is bound to take judicial notice of the ordinance; and the rule that municipal ordinances are to be regarded as private statutes, which must be specially pleaded in the superior courts, by reference to the title and date of passage, before the superior court can take judicial notice thereof, does not apply in the municipal court; but that court holds the same relation to municipal ordinances that the superior court holds to the acts of the legislature; and it is sufficient to plead in the municipal court that the offense charged “is contrary to the form of the ordinance in such cases made and provided, and against the peace and dignity of the people of the state of Oalifor- „• » ma.</p> <p>Id.—Habeas Corpus—Conviction for Keeping Open Liquor Saloon— Jurisdiction of Municipal Court—Presumption as to Ordinance. Upon habeas corpus to test the jurisdiction of a municipal court to try the offense of keeping open a saloon for the sale of intoxicating drinks after midnight, in violation of an ordinance, upon the ground that the complaint does not plead the ordinance as a private statute, it must be presumed in favor of the jurisdiction of the municipal court that there was an ordinance prohibiting the acts charged, of which the municipal court took judicial notice.</p>