Miles City v. Drum
| Decision Date | 27 June 1921 |
| Docket Number | 4399. |
| Citation | 199 P. 719,60 Mont. 451 |
| Parties | MILES CITY v. DRUM. |
| Court | Montana Supreme Court |
Commissioners' Opinion.
Appeal from District Court, Custer County; Daniel L. O'Hern Judge.
J. G Drum was convicted in the police court of violating an ordinance of Miles City, and from a judgment of the district court on defendant's appeal, dismissing the complaint the City appeals. Appeal dismissed.
S.D McKinnon, of Miles City, for appellant.
P. F. Leonard, of Miles City, for respondent.
By a complaint filed in the police court of the city of Miles City, Mont., the defendant was charged with "unlawfully, wrongfully, willfully, and unnecessarily" obstructing a certain alley in Miles City, in violation of the provisions of a certain ordinance "concerning nuisances." Defendant was arrested upon a warrant issued upon said complaint, tried and convicted in the police court, and a fine imposed. Defendant appealed to the district court of Custer county. At the trial in the district court, plaintiff, city of Miles City, offered in evidence the ordinance "concerning nuisances" above referred to, which was excluded by the court upon the ground that the same was invalid, whereupon, the plaintiff declining to proceed further with the trial, upon motion of defendant, the court dismissed the complaint, and ordered the defendant discharged. Judgment was made and entered accordingly. The plaintiff city of Miles City has attempted to appeal from the judgment. Defendant has made motion to dismiss the appeal for lack of jurisdiction in this court.
The proceedings in civil actions, in police courts, are governed by the provisions of sections 7092 to 7095, Revised Codes. Section 3302, R. C. In criminal actions the provisions of sections 9584 to 9629, Revised Codes, are controlling. Section 3301, R. C. In this case appellant made no effort nor did it pretend, to proceed under the statute, as in a civil action, and hence neither the police court nor the district court acquired jurisdiction for the trial of the action as provided for in sections 7092 to 7095, R. C., supra. On the contrary defendant was proceeded against as in a criminal action, and under the provisions of the statute governing criminal trials set forth above. The defendant prevailed, and the statute grants no right of appeal to the city, plaintiff below. An appeal lies only when authorized by statute. In re Searles, 46 Mont. 322, 127 P. 902...
To continue reading
Request your trial