No. 9492.
'THE STATE EX REL. JOSEPH NOTAL VS. R. C. DAVEY, JUDGE OF FIRST RECORDER'S COURT.
'Where a party is tried for violating a city ordinance relating to private market, and in his defense charges that the ordinance is unconstitutional and illegal, he has the right to appeal from a sentence against him; and after the appeal, if suspensive, is perfected by the execution of the required bond, the recorder imposing the sentence is deprived of all jurisdiction over it and can be prevented from executing by a writ of prohibition.
APPLICATION for Prohibition.
