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City of Manchester v. Rowe

4 S.E.2d 477, 60 Ga. App. 567, 1939 Ga. App. LEXIS 87
Court of Appeals of Georgia·Decided September 11, 1939·No. 27600·Published·Cited by 12 cases

Opinion

Felton, J.

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.

Stephens, P. J., and Sutton, J., eónour.

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City of Manchester v. Rowe, 4 S.E.2d 477, 60 Ga. App. 567, 1939 Ga. App. LEXIS 87 (Ga. Ct. App. 1939).

4 S.E.2d 477 (City of Manchester v. Rowe) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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