Legal Opinion

City of St. Louis v. Grafeman Dairy Co.

Supreme Court of Missouri

Decided October 20, 1905No. 1PublishedCited by 11 opinions

Error to St. Louis Court of Criminal Correction. — Row. Hiram N. Moore, Judge. (1) No motion was filed to require the information or statement to charge separately the various grounds upon which it alleges that defendant violated the several and severable provisions of section ten of ordinance 20808; nor was any objection taken that they were commingled in one count; and the motion to quash and the order sustaining the same go to the statement as an entirety.

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Error to St. Louis Court of Criminal Correction. — Row. Hiram N. Moore, Judge. (1) No motion was filed to require the information or statement to charge separately the various grounds upon which it alleges that defendant violated the several and severable provisions of section ten of ordinance 20808; nor was any objection taken that they were commingled in one count; and the motion to quash and the order sustaining the same go to the statement as an entirety. Hence, if the latter alleges any charge at all of the violation of any valid provision, the motion to quash should have been overruled…

1Opinion of the CourtGantt, J.

This action was commenced in the First District Police Court of the city of St. Louis, for violation by defendant of section ten of Ordinance 20808, relating to the licensing and regulation of the sale of milk and cream and the inspection thereof, “by *499carrying on the business of a vendor of milk and cream without a license, and by failing to register as such at the office of the Health Commissioner, and for failing to pay the registration fee.”

A motion to quash was lodged in the St. Louis Court of Criminal Correction, which was sustained, and the suit dismissed, from which action the…

2Cases cited15 opinions

  1. Gundling v. ChicagoSupreme Court of the United States · 1900
  2. Morgan's Steamship Co. v. Louisiana Board of HealthSupreme Court of the United States · 1886
  3. Fischer v. St. LouisSupreme Court of the United States · 1904
  4. State v. BockstruckSupreme Court of Missouri · 1896
  5. City of Tarkio v. CookSupreme Court of Missouri · 1894

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3Cited by11 opinions

  1. Leggett v. Missouri State Life Insurance CompanySupreme Court of Missouri · 1960
  2. Browning-Ferris Industries of Kansas City, Inc. v. DanceMissouri Court of Appeals · 1984
  3. City of St. Louis v. KlausmeierSupreme Court of Missouri · 1908
  4. City of St. Peters, Missouri v. Bonnie A. RoederSupreme Court of Missouri · 2015
  5. State Ex Rel. Knese v. KinseySupreme Court of Missouri · 1926

6 more not listed; retrieve them via the Exa API.

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