Kansas City v. Hallett
Missouri Court of Appeals
Appeal from the Jackson Criminal Court.—Hon. John W. Wofford, Judge. (1) It is fundamental that an ordinance or by-law, to be valid, “the books say:” First. Must not be inconsistent with the charter of the corporation. Second. It must not be inconsistent with the law of the state. Third. It must not be repugnant to fundamental rights.
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Appeal from the Jackson Criminal Court.—Hon. John W. Wofford, Judge. (1) It is fundamental that an ordinance or by-law, to be valid, “the books say:” First. Must not be inconsistent with the charter of the corporation. Second. It must not be inconsistent with the law of the state. Third. It must not be repugnant to fundamental rights. Among the powers granted the city by its charter of 1889, appear the following: “10th subdivision of section 1, of article 3, city charter of Kansas City, Missouri; 31st subdivision, section 1, article 3, General Welfare; also 32d subdivision section 1, article…
1Opinion of the CourtGill, J.
On the information of the city attorney defendant Hallett was prosecuted'before the police court of Kansas City for the conduct of a lottery business contrary to an ordinance of said city. At a trial before the police judge he was found guilty, flned $200, and then on the defendant’s appeal the cause was taken to the criminal court. There the court, on defendant’s motion, quashed the complaint for the alleged reason that the ordinance on which the same was founded was repugnant to, and in conflict with, the state law pertaining to the same subject-matter. The city has appealed.
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2Cases cited10 opinions
- Rogers v. JonesNew York Supreme Court · 1828
- City of St. Louis v. SchoenbuschSupreme Court of Missouri · 1888
- Alaniz v. CasenaveCalifornia Supreme Court · 1891
- City of St. Louis v. CafferataSupreme Court of Missouri · 1856
- Ex parte TaylorCalifornia Supreme Court · 1890
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3Cited by12 opinions
- Peterson v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1915
- City of St. Louis v. MeyerSupreme Court of Missouri · 1904
- State Ex Rel. Vogt v. ReynoldsSupreme Court of Missouri · 1922
- State ex rel. Sheffel v. McCammonMissouri Court of Appeals · 1905
- Carpenter v. Reliance Realty Co.Missouri Court of Appeals · 1903
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