State v. Harpster

15 Kan. 322

• Court: Supreme Court of Kansas
• Decided: July 15, 1875
• Status: Published

Opinion

The opinion of the court was delivered by

Brewer, J.:

This is an attempted appeal from the judgment of a justice of the peace directly to this court. This cannot be done. The constitution, art. 3, § 10, explicitly declares that “ all appeals from probate courts and justices of the peace shall be to the district courts.” Language could not be plainer. It is not in the power of the legislature to provide for an appeal from a justice of the peace directly to this court. And whatever may be the defects of the statute, or failure, if failure there be, to; provide any way for appealing a case of this kind, a complaint for selling liquor without a license, to the district court, or whatever express or implied statutory grant of an appeal to this court, the paramount law forbids us to take cognizance of an appeal from a justice of the peace.

The appeal must be dismissed;

All the Justices concurring.