Fortner v. City of Higginsville
Missouri Court of Appeals
Appeal from Lafayette Circuit Court. — Now, Samuel Davis, Judge. (1) It is provided by statute that cities of the fourth class shall have power to fix the compensation of all its officers.
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Appeal from Lafayette Circuit Court. — Now, Samuel Davis, Judge. (1) It is provided by statute that cities of the fourth class shall have power to fix the compensation of all its officers. R. S. 1899, sec. 5918. (2) It is also provided by statute that if any person be convicted before the police judge of a city of the fourth class, judgment shall be rendered accordingly and for costs and that it shall be part of such judgment that defendant stand committed until judgment is complied with. R. S. 1899, sec. 5933. And that such defendant may be required to perform labor. That the city marshal is…
1Opinion of the CourtEllison, J.
The plaintiff is the marshal of the defendant city. During his incumbency he duly arrested, on proper warrants, a number of persons who were duly convicted in the city court and adjudged to pay a fine and costs, including costs earned by plaintiff. Those defendants failed to pay the fine or costs and were duly imprisoned. The plaintiff demanded his fees of the defendant city, payment of which was refused, and , he then brought this action. The trial court rendered judgment for the city and he appealed.
The following agreed statement of facts was submitted to the trial court:
“It is admitted…
2Cases cited2 opinions
- Kemp v. City of MonettMissouri Court of Appeals · 1902
- Boucher v. City of MoberlySupreme Court of Missouri · 1881
3Cited by1 opinion
- City of Greenfield v. FarmerMissouri Court of Appeals · 1917