Village of Vicksburg v. Briggs

• Decision Date: 08 May 1891
• Citation: Village of Vicksburg v. Briggs, 85 Mich. 502, 48 N.W. 625 (Mich. 1891)
• Court: Michigan Supreme Court
• Parties: VILLAGE OF VICKSBURG v. BRIGGS et al.

48 N.W. 625

85 Mich. 502

VILLAGE OF VICKSBURG v. BRIGGS et al.

Supreme Court of Michigan

May 8, 1891

Error to circuit court, Kalamazoo county; GEORGE M. BUCK, Judge.

Action by the village of Vicksburg against Edmund S. Briggs and Orlando Burke.Defendants appeal.

Kinnane & French and W. G Howard, for appellants.

J R. Cropsey, for appellee.

CHAMPLIN C.J.

On April 4, 1889, the defendants were arrested upon a warrant issued upon the complaint of one Clarence Upson, charging them with having violated ordinance 6 of the village of Vicksburg, which reads as follows: "Section 1.The village of Vicksburg ordains that it shall be unlawful for any person to commit or promote any disturbance, or to break the peace and quiet of the village of Vicksburg, or any portion thereof, by committing or promoting a breach of the peace.Sec. 2.Any person violating the provisions of this ordinance upon conviction thereof shall be punished by a fine not exceeding fifty dollars, or imprisonment in the village prison of said village or in the county jail of the county of Kalamazoo for any period not exceeding sixty days, or both such fine and imprisonment, in the discretion of the court."On April 5th following, the defendants were arraigned before the justice who issued the warrant, and refused to plead, whereupon a plea of not guilty was entered for each of the defendants, and they then appeared specially and made a motion that the complaining witness give security for costs, which motion was overruled.The justice then set the case down for trial on April9th at 10 o'clock in the forenoon at his office.The village appeared by Jesse R. Cropsey, its attorney, and the defendants appeared specially by David R. Con don as their attorney.No demand was made for a jury.On April 9, 1890 the suit was called, the plaintiff by its attorney being present in court, and the defendants stood mute, but present in court by D. R. Condon.The justice received a telegram from E. M. Irish, as counsel for the village of Vicksburg and O. T. Tuthill, who claimed to be attorney for the defendants, asking that the case be adjourned to April 17, 1890, at 10 o'clock in the forenoon.The defendants denied that O. T. Tuthill was their attorney, and declared they did not recognize him as such.The justice granted the adjournment until April17th at 10 o'clock in the forenoon, and required the defendants to recognize for their appearance in the sum of $200, which was given, with Arthur B. Briggs as surety, and protesting and not recognizing the jurisdiction of the court, and also denying that O. T. Tuthill was their attorney in the case, and objecting to the adjournment.On April 17, 1890, the suit was called by the justice, and the village was present by its attorney and E. M. Irish.The defendants were present in court, and answered specially by James Kinnane, their attorney, who moved to discharge the defendants(1) because the case had been adjourned by the court without the consent of the defendants, or either of them, beyond the jurisdiction of the court, and the court had no power or legal authority to adjourn the case arbitrarily for 10 days, as was done; (2) for the reason that the complaint charged no offense under the laws of the state of Michigan; (3) the complaint charges no offense known to the village of Vicksburg; (4) for the reason that the ordinance under which the complaint is drawn is in violation of the constitution of the United States and of the state of Michigan; and, lastly, for the reason that the complaint does not charge any offense known to the by-laws of the village of Vicksburg.Another reason was added: That the proceedings in the case do not show that the complaint was made by or upon the order of any public officer of the village of Vicksburg, and, no security for costs having been ordered or given, the court is without jurisdiction.The motion was denied, and witnesses were introduced and sworn on behalf of the village, against the defendants' objection that the court had no jurisdiction to determine the case.The court determined that the defendants were guilty of the disturbance, as charged in the complaint, and thereupon sentenced them each to pay $15 fine and $10 costs of suit, and in default of payment of said fine and costs on or before Saturday noon, April 19, 1890, the defendants, Edmund S. Briggs and Orlando Burke, be confined in the common jail in the county of Kalamazoo for the term of 30 days each, from and including that day.The defendants were left in charge of John S. Day, deputy-sheriff.The commitment was issued at 12 o'clock noon, and delivered to John S. Day, deputy-sheriff, April 19, 1890.On April 22, 1890, a writ of certiorari was served on the sheriff, and the order made releasing the defendants; they having given a recognizance.The case was brought to hearing upon the writ of certiorari in the circuit court for the county of Kalamazoo, and the judgment and sentences were affirmed by the circuit court, and the case is brought here by writ of error.Defendants claim in this court(1) that the appellants were arrested upon a void complaint and warrant; that the statement of the offense was not in general terms, and failed to specify that the offense was committed in any public place; that the process runs in the name of the people of the state of Michigan; that there appears to be no provision for this in the charter of the village of Vicksburg.(2) That, if the court ever had jurisdiction of the case, such jurisdiction was lost by the arbitrary adjournment of the case from April 9th to April 17th, a period of more than seven days, without the consent and against the protest of the defendants.(3) The penalty imposed by the justice was unauthorized, and therefore void.That the ordinance under which the case was brought does not provide for the taxation of the...