City of Nashville v. Baker
| Decision Date | 14 July 1934 |
| Parties | CITY OF NASHVILLE v. BAKER. |
| Court | Tennessee Supreme Court |
Moore, Keefe, Kittrell, Dews & Hughes, of Nashville, for appellant.
John W. Hilldrop, of Nashville, for appellee.
In March, 1929, the judge of the city court of Nashville issued his warrant to the chief of police commanding him
The defendant appeared, was fined $50, and appealed to the circuit court, where the trial judge granted his motion to dismiss the case, "because the warrant sued on is irregular, it not being sworn to according to law." The city appeals.
Is it essential that a prosecution for violation of a city ordinance be begun by a warrant issued on oath of some person?
This rule, applicable where the prosecution is for violation of a state criminal statute, does not apply to a proceeding brought by a city for violation of its ordinances, and this is true even though the offense may be, as in the case at bar, prohibited by both city ordinance and state law.
Where the violation of the city ordinance is the predicate of the action, the proceeding is civil, rather than criminal, sometimes described as quasi criminal. No machinery for indictment or presentment is provided, and neither is required. Our cases appear to have settled this question. Meaher v. Mayor, etc., of City of Chattanooga, 1 Head, 74; Mayor, etc., of Town of Bristol v. Burrow, 5 Lea, 129; McMinnville v Stroud, 109 Tenn. 569, 72 S. W. 949. The case of O'Haver v. Montgomery, 120 Tenn. 448, 111 S. W. 449, 127 Am. St. Rep. 1014, relied on by counsel for Baker, is not in conflict. The fact incidentally recited by the writer of the opinion in that case that the warrant issued on affidavit was not an issue discussed or considered. It had no determinative weight. That case turned on altogether...
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Robinson v. Neil
...in Tennessee are civil in nature, with the result that the defense of double jeopardy is not appropriate to them. See City of Nashville v. Baker, 167 Tenn. 661, 73 S. W.2d 169 (1934). This contention is clearly without merit in view of the recent Tennessee Supreme Court decision in Pettyjoh......
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City of Chattanooga v. Myers, 247
...that defendant received a jury trial on appeal to circuit court; $50 fine for selling beer after lawful hours); City of Nashville v. Baker, 167 Tenn. 661, 73 S.W.2d 169 (1934) (prosecution for violation of a city ordinance need not be begun by a warrant issued on oath since the action is a ......
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Douglas v. Nixon
...in nature and hence a different sovereignty. O'Dell v. City of Knoxville, 214 Tenn. 237, 379 S.W.2d 756 (1964); Nashville v. Baker, 167 Tenn. 661, 73 S.W.2d 169 (1934). These two aspects of Tennessee law may serve to explain the fact that appellant pled guilty to the state court indictment ......
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O'Dell v. City of Knoxville
...120 Tenn. 448, 111 S.W. 449, 451; Deming v. Nichols, 135 Tenn. 295, 302, 186 S.W. 113, L.R.A.1916F, 103; City of Nashville v. Baker, 167 Tenn. 661, 663, 73 S.W.2d 169; Guidi v. City of Memphis, 196 Tenn. 13, 20-21, 263 S.W.2d 532; Robinson v. City of Memphis, 197 Tenn. 598, 600, 277 S.W.2d ......