City of Kansas v. Cook
Missouri Court of Appeals
Appeal from the Jackson Criminal Court. — PIon. Henry P. White, Judge. (1) The defendant asks for a reversal of judgment on the ground that the ordinance in evidence is unreasonable and unauthorized by the charter of the city, proposes the taking of the property of the citizen without due process of law, and that the legislature of Missouri could not enact a similar law; that regulation is the only police power the city can exercise in this matter under the charter.
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Appeal from the Jackson Criminal Court. — PIon. Henry P. White, Judge. (1) The defendant asks for a reversal of judgment on the ground that the ordinance in evidence is unreasonable and unauthorized by the charter of the city, proposes the taking of the property of the citizen without due process of law, and that the legislature of Missouri could not enact a similar law; that regulation is the only police power the city can exercise in this matter under the charter. City Charter, sub-div. 33, sec. 1, art. 3; Bill of Rights, Const, of Mo., secs. 4, 30; McCoy v. Zcme, 65 Mo. 15; Lowery v.…
1Opinion of the Court
Smith, P. J. —
This case was instituted in the recorder’s court of the City of Kansas, founded on this charge: That the defendant had sold, in the City of Kansas, “milk containing less than twelve per cent, of solids, — three of which are fat.” Defendant was convicted in said city court and appealed the case to-the criminal court of Jackson county, where he was again tried, and at the January term, 1889, convicted, when he appealed to this court.
In support of this charge, the city put in evidence the ordinance of the City of Kansas, approved twenty-ninth of September, 1885, and which provided…
2Cases cited12 opinions
- Powell v. PennsylvaniaSupreme Court of the United States · 1888
- Grandy v. CaseySupreme Court of Missouri · 1887
- City of St. Louis v. WeberSupreme Court of Missouri · 1869
- County Court v. GriswoldSupreme Court of Missouri · 1874
- Corrigan v. GageSupreme Court of Missouri · 1878
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3Cited by11 opinions
- Copeland v. City of St. JosephSupreme Court of Missouri · 1895
- Burgess v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1905
- City of Lamar v. WeidmanMissouri Court of Appeals · 1894
- City of Plattsburg v. RileyMissouri Court of Appeals · 1890
- State v. Crescent Creamery Co.Supreme Court of Minnesota · 1901
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