10 Colo. App. 507 | Colo. Ct. App. | 1898
delivered tlie opinion of the court.
This was a proceeding by the people against the Weiss-Chapman Drug Company for the violation of an ordinance of the town of Monte Vista which provides for the regulation and prohibition of the sale of intoxicating liquors. Under the statute conferring power on municipalities to regulate and control this traffic as well as to pass ordinances for the general welfare of the community, the city has authority to proceed against the offenders by instituting a prosecution somewhat analogous to the course taken in criminal cases. They are also given express statutory authority to enforce
The question presented by the appeal is whether the city had a right to commence its prosecution by the issuance of a summons, and if so, whether the summons was sufficient in form to entitle the city to proceed to enforce the ordinance. We regard the whole matter as entirely settled by prior adjudications in the state, and so far as we are able to
If our views in this particular are correct, it is a matter of little importance by what method the defendant was brought in, and it is only a matter of proof to determine whether or not there had been a violation of the ordinance. It would without hesitation be conceded that if tins was an action of debt, and the summons had brought the defendant in, no matter how irregular it was, and it had submitted to a trial, it could not afterwards question the process by which the suit was begun. Since the supreme court has held these prosecutions thus begun are entirely analogous to actions of debt at the common law, and since the statute provides that
The county court erred in dismissing the case, and for tins error, the judgment will be reversed.
Reversed.