Opinion
Department Two
Appeal from a judgment for defendants in the Superior Court of the County of Santa Barbara. Hatch, J.
COUNSEL
This is not a criminal prosecution for a public offense. (President & c. v. Holland , 19 Ill. 271; People v. Johnson , 30 Cal. 104.) If not clearly a civil action, it is at most but quasi criminal. (Sec. 344, Dill. on Mun. Corp., vol. 1 and notes; Davenport v. Bird, 34 Iowa 524; Williamson v. Com., 4 B. Mon. (Ky.) 146.)
Thos. McNulta, for Appellant.
W. C. Stratton, for Respondent.
This is a criminal action--actions are of two kinds. ( C. C.P. 22, 24.)
OPINION The Court:
This action is in no sense a civil action. The complaint demands that defendants be adjudged guilty of violating ordinance No. 62, and that they be punished by fine and imprisonment. If it be an action, it is criminal, and should have been prosecuted in the name of The People. ( Sec. 684, Penal Code.) It is not necessary to notice the other points presented.
The judgment of dismissal is affirmed.