Wyoming Reports Volume 24

Wyoming Reports Volume 24

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ...District Court was without jurisdiction, the fine being less than $10.00; the right of appeal is regulated by statute. (Section 23, Art. V. Const; Mau v. Stoner, 14 Wyo. 183.) Section 1753 having mentioned the cases in which appeals were permitted, appeals in other cases are excluded by application of the maxim, e.rpressi0 unius est erclusio alterius. (Lewis" Statutory Construction, Sec. 491 and cases cited.) Section 952, Comp. Stats. 1910, does not govern the appeal in the case at bar. F. W. Byrd, for defendant. If the District Court acted without jurisdiction, its action is void and certiorari will not lie. (6 Cyc. 761.) If the District Court acted within its jurisdiction certiorari will not lie. If the city is in doubt as to the legal question involved Section 6243, Comp. Stats. 1910, supplies a remedy. Section 952, Comp. Stats., permits an appeal in all cases and the principle is incorporated in Section 91, Art. I, Chapter 6, Compiled Ordinances of Sheridan. Section 1753 does not expressly prohibit the right of appeal in all cases, as is set forth in Section 952. The city had an adequate remedy by writ of prohibition. The writ will not lie where no appreciable injury has resulted, (6 Cyc. 749), and if issued at all must be sued out before and not after verdict. (Id. 754.) The petition should be dismissed and the writ denied. POTTER, CHIEr JUsTICE. This is a proceeding instituted in this court by the City of Sheridan by filing a petition for a writ of certiorari to review the action of the District Court in and for Sheridan County in a cause determined by said court on appeal from the municipal court of said city, wherein one S. P. Cadle, the defendant named in the petition, had been prosecuted in the municipal court for...show more

Product details

  • Paperback | 200 pages
  • 189 x 246 x 11mm | 367g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236881729
  • 9781236881724