City of St. Louis v. DeLassus
Supreme Court of Missouri
Appeal from St. Louis Court of Criminal Correction.— Eon. Hiram N. Moóre, Judge. (1) The charter confers upon the Municipal Assembly authority to pass the ordinance which the lower court declared to be void, viz., section 1398 of the Revised Ordinances of 1901. Charter, art. 3, sec. 26, pars. 5, 10, 14; St. Louis v. Cafferata, 24 Mo. 94. (2) A statute and a municipal ordinance may stand side by side unless they are utterly inconsistent or in conflict with each other.
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Appeal from St. Louis Court of Criminal Correction.— Eon. Hiram N. Moóre, Judge. (1) The charter confers upon the Municipal Assembly authority to pass the ordinance which the lower court declared to be void, viz., section 1398 of the Revised Ordinances of 1901. Charter, art. 3, sec. 26, pars. 5, 10, 14; St. Louis v. Cafferata, 24 Mo. 94. (2) A statute and a municipal ordinance may stand side by side unless they are utterly inconsistent or in conflict with each other. St. Louis v. Bentz, 11 Mo. 62; St. Louis v. Cafferata, 24 Mo. 94. A defendant may even be subjected to two penalties for the…
1Opinion of the CourtGantt, J.
This is a> civil action by the city of St. Louis against the defendant to recover a fine for the violation of an ordinance of said city numbered 19991, or section 1398 of the general ordinances of said city, approved April 3, 1900, which provides: “Any keeper of a meat shop who shall fail, first, to obtain any license therefor, or shall fail to keep his said license and all transfers thereof posted up in his shop, or shall open said shop or sell therein any article on a Sunday after nine o’clock a. m., shall be deemed guilty of a misdemeanor and upon conviction thereof be fined not less than…
2Cases cited19 opinions
- People v. . HavnorNew York Court of Appeals · 1896
- Petit v. MinnesotaSupreme Court of the United States · 1900
- Ex parte JentzschCalifornia Supreme Court · 1896
- Kansas City v. Marsh Oil Co.Supreme Court of Missouri · 1897
- Eden v. PeopleIllinois Supreme Court · 1896
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3Cited by29 opinions
- McGowan v. MarylandSupreme Court of the United States · 1961
- City of Springfield v. SmithSupreme Court of Missouri · 1929
- Kansas City v. LaRoseSupreme Court of Missouri · 1975
- McKaig v. Kansas CitySupreme Court of Missouri · 1953
- ABC Liquidators, Inc. v. Kansas CitySupreme Court of Missouri · 1959
24 more not listed; retrieve them via the Exa API.