City of Manchester v. Rowe
This text of 4 S.E.2d 477 (City of Manchester v. Rowe) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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. 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. Mayor &c. of Hawkinsville v. Etheridge, 96 Ga. 326 (22 S. E. 585); 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 atta'eked 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.
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Cite This Page — Counsel Stack
4 S.E.2d 477, 60 Ga. App. 567, 1939 Ga. App. LEXIS 87, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-manchester-v-rowe-gactapp-1939.