City of Santa Barbara v. Sherman

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.