City Of Manchester v. Rowe

• Decision Date: 11 September 1939
• Docket Number: No. 27600.,27600.
• Citation: 4 S.E.2d 477
• Parties: CITY OF MANCHESTER. v. ROWE.
• Court: Georgia Court of Appeals

4 S.E.2d 477

CITY OF MANCHESTER.

v.ROWE.

No. 27600.

Court of Appeals of Georgia,

Division No. 2.

Sept. 11, 1939.

Error from Superior Court, Meriwether County; L. B. Wyatt, Judge.

Proceeding by the City of Manchester against J. H. Rowe, for violation of a municipal ordinance. To review a decision of the superior court reversing a judgment of conviction of the municipal court, the city brings writ of error.

Writ of error dismissed.

G. C. Thompson, of Manchester, for plaintiff in error.

J. R. Terrell, of Greenville, John J. Neely, of Manchester, and Dorsey, Stubbs & Dorsey and Sam Adams Dorsey, all of Atlanta, for defendant in error.

Syllabus Opinion by the Court

FELTON, Judge.

1. The power of a municipality to exercise police jurisdiction is delegated by the State, and the municipal corporation as a party to a criminal proceeding stands in the place of the State. Cranston v. Mayor, etc., of City of Augusta, 61 Ga. 572.

2. Prosecution for violation of an ordinance of a municipal corporation is a quasi criminal action, and a decision of the superior court reversing a judgment of a municipal court convicting one of a violation of a municipal ordinance is not subject to review by this court. Town of Hawkinsville v. Ethridge, 96 Ga. 326, 22 S.E. 985; City of Valdosta v. Goodwin, 21 Ga.App. 664, 94 S.E. 812.

3. The Code, § 110-701, providing that a void judgment may be attacked in any court by any person, does not confer the right of appeal upon the State in a criminal action. State v. B'Gos, 175 Ga. 627, 165 S.E. 566.

Writ of error dismissed.

STEPHENS, P. J., and SUTTON, J., concur.