115 P. 968 | Utah | 1911
The defendant in this action was tried and convicted in the Municipal Court of Ogden City, Weber County, Utah, of having, at Huntsville, in said county, unlawfully sold and disposed of certain malt and spirituous and intoxicating “drinks to wit, three bottles of beer, without having obtained a license so to do from the board of commisioners of said Weber County.” From the judgment rendered against him in the municipal court the defendant appealed to the District Court of Weber County. A trial was bad in the district court and the defendant was convicted. From the judgment rendered against him in the district court the defendant has appealed to this court.
The Attorney General has filed a motion to dismiss the appeal. One of the grounds assigned in the motion, and the only one we deem' necessary to consider, is that the judgment of the district court is final and conclusive, and that no appeal lies therefrom. We think the motion to dis
Section 686x45, Comp. Laws 1907, provides that “the civil jurisdiction of said municipal court shall be the same as that exercised by courts of the justices of the peace, and in addition thereto-, said court is given like jurisdiction in all cases arising in said county where said court is established.” Section 686x46 provides that “the criminal jurisdiction of said municipal courts shall be the same as now possessed by justices of the peace of cities of the second class or county justices of the peace.” Section 686x60 provides that the judge of the municipal court “shall be ex officio city justice of the peace, and precinct justice of the peace, and as such municipal judge aforesaid shall perform the duties of the offices of said city justice of the peace and of said precinct justice of the peace.” Section 686x50 provides, so far as material to the determination of the question here involved, that “the -Code of Civil Procedure relating to the justice of the peace courts shall be the code of procedure of said municipal court.” Section 686x43 provides that “in all cases appeals shall lie from said municipal court to the district court of the district in which said city may be situated, and for that purpose the procedure and practice relating to appeals from justice’s courts to district courts shall be the procedure and practice for taking appeals from said municipal court” It will be observed that the only difference between the jurisdiction of municipal courts and justices of the peace courts is that the civil jurisdiction of
As we have pointed out, section 686x43, supra, of the statute provides that an appeal shall lie from judgments rendered in municipal courts to the district court, but there is no provision, either in the Constitution or the
“The principle that remedial statutes will he liberally construed applies to statutes granting a right of appeal. But the appellate court cannot create the right by legal intendment unless the legislative intent clearly appears; and, as no presumption of jurisdiction attaches to appellate tribunals, the burden rests upon the appellant to bring himself within a reasonable construction of the statute.”
This the appellant has not done. This court is therefore without jurisdiction to hear and determine the questions sought to be presented by the appeal.
The appeal must therefore be dismissed. It is so ordered.