Cooper v. People

• Citation: 2 N.W. 51,41 Mich. 403
• Parties: SEYMOUR COOPER v. THE PEOPLE.
• Decision Date: 03 July 1879
• Court: Supreme Court of Michigan

41 Mich. 403
2 N.W. 51

SEYMOUR COOPER
v.
THE PEOPLE.

Supreme Court of Michigan.

Filed July 3, 1879.

Proceedings under the charter of the city of Charlotte, for a violation of an ordinance of said city, must be prosecuted in the name of said city, and cannot be in the name of the people.

Error to Eaton.

[2 N.W. 51]

M.V. & R.A. Montgomery, for _______.

GRAVES, J.

Cooper and one Joseph B. Mikesell were tried and convicted before a justice of the peace on a complaint charging them with having violated an ordinance of the city of Charlotte against keeping saloons open during certain hours of the night. They appealed to the circuit court and were again convicted, but Mikesell died before judgment. Cooper being ordered to pay $25 within twenty-four hours, and in default to be committed to jail until the payment of the fine, but no longer than thirty days, had brought error.

The objection that the suit was not maintainable in the name of the people was well taken. We shall not consider the validity of the ordinance. It is sufficient that it purports to be a local regulation, made under special provisions of the...