City of St. Joseph v. Harris
Missouri Court of Appeals
Appeal from the Buchanan Criminal Court—Hon. Silas Woodson, Judge. (1) The lower court erred in sustaining the motion to quash the complaint; because the complaint is to be tested by the rules applicable to civil actions before justices of the peace, and not by the rules in criminal cases. St. Louis v. Knox, 74 Mo. 79; St. LoiAs v. Schoenbusch, 95 Mo. 618; Springfield v. Ford, 40 Mo. 586; Ex parte Holdwell, 74 Mo. 400; Kansas City v. Neal, 49 Mo.
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Appeal from the Buchanan Criminal Court—Hon. Silas Woodson, Judge. (1) The lower court erred in sustaining the motion to quash the complaint; because the complaint is to be tested by the rules applicable to civil actions before justices of the peace, and not by the rules in criminal cases. St. Louis v. Knox, 74 Mo. 79; St. LoiAs v. Schoenbusch, 95 Mo. 618; Springfield v. Ford, 40 Mo. 586; Ex parte Holdwell, 74 Mo. 400; Kansas City v. Neal, 49 Mo. App. 77. Tested by this rule the complaint is sufficient. It compasses every requirement, not only of a civil complaint, but would be sufficient in…
1Opinion of the CourtSmith, P. J.
This is an action to recover a penalty for the violation of an ordinance of the plaintiff city.
Under the provisions of section 2, General Ordinances Number 51, Record B, page 34, Revised Ordinances 386, it is made the duty' of each and every police officer of the city to inform the city attorney as soon as practicable of all violations of the ordinances of the city and whenever any such violation shall come to his knowledge such information shall be filed in writing, signed by the officer making the same, and shall be accompanied with the names of the witnesses to such violation and if the…
2Cases cited6 opinions
- City of St. Louis v. FitzSupreme Court of Missouri · 1873
- City of Marshall v. StandardMissouri Court of Appeals · 1887
- City of Kansas v. O'ConnorCourt of Appeals of Kansas · 1889
- City of Salisbury v. PattersonMissouri Court of Appeals · 1887
- Inhabitants of Memphis v. O'ConnorSupreme Court of Missouri · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Kansas City v. MathisMissouri Court of Appeals · 1966
- State v. HarringtonSupreme Court of Missouri · 1968
- State v. BriggsSupreme Court of Missouri · 1968
- People v. BeifussAppellate Division of the Superior Court of California · 1937
- Kansas City v. WhitmanMissouri Court of Appeals · 1897