State v. Harpster

Supreme Court of Kansas
State v. Harpster, 15 Kan. 322 (Kan. 1875)
Brewer

State v. Harpster

Opinion of the Court

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 *323the 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.

Reference

Full Case Name
The State of Kansas v. John W. Harpster
Cited By
1 case
Status
Published