Supreme Court of Vermont, 1899

State v. Cruickshank

State v. Cruickshank
Supreme Court of Vermont · Decided January 26, 1899 · Munson, Ross, Rowell, Start, Taft, Thompson, Tyler
71 Vt. 94; 42 A. 983; 1899 Vt. LEXIS 141
State v. Cruickshank

Cases that cite this one

4 later published cases cite this decision.

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Opinion of the Court

Rowell, J.

This complaint lacks substance. It alleges that the respondent did ride a bicycle along and upon the sidewalk on a certain street in the city of Barre, β€œin violation of sections twenty-five and thirty-six of chapter thirteen of the ordinances of said city,” contra formam stattih. It should have set out the ordinances, as the court cannot take judicial notice of them. State v. Soragan, 40 Vt. 450.

It properly concluded against the form of the statute. State v. Soragan. Perhaps it should also have concluded against the form of the ordinances.

Judgment reversed, demurrer sustained, complaint adjudged insufficient, and cause remanded.

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