City of St. Louis v. Marchel
Supreme Court of Missouri
Appeal from, 81. Louis Court of Criminal Correction. Hon. E. A. Noonan, Judge. The defendant was prosecuted in one of the police courts of St. Louis for violating an ordinance of the city by refusing to connect certain premises with the adjacent sewer, pursuant to the order of the health commissioner to that effect. The case was tried before a jury. The defendant was acquitted. The plaintiff appealed to the St. Louis court of criminal correction.
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Appeal from, 81. Louis Court of Criminal Correction. Hon. E. A. Noonan, Judge. The defendant was prosecuted in one of the police courts of St. Louis for violating an ordinance of the city by refusing to connect certain premises with the adjacent sewer, pursuant to the order of the health commissioner to that effect. The case was tried before a jury. The defendant was acquitted. The plaintiff appealed to the St. Louis court of criminal correction. At the trial anew in the latter court there resulted a finding and judgment for defendant, from which plaintiff has appealed to this court.
1Opinion of the CourtBarclay, J.
This is an action brought upon an ordinance of the city of St. Louis to recover a penalty for a violation thereof. As such, under prior rulings of this court, it must be treated as a civil action so far as concerns the plaintiff’s right to a review of the judgment. City of Kansas v. Clark, 68 Mo. 588; City of Kansas v. Muhlback, 68 Mo. 638.
But neither the charter of St. Louis nor the legislative act governing proceedings in the St. Louis court of criminal correction expressly authorizes an appeal *477from judgments in favor of defendants in such cases. The latter provides for an appeal by…
2Cases cited3 opinions
- City of Kansas v. ClarkSupreme Court of Missouri · 1878
- City of Kansas v. MuhlbackSupreme Court of Missouri · 1878
- Blunt v. SheppardSupreme Court of Missouri · 1822
3Cited by8 opinions
- Kelly v. ConnerTennessee Supreme Court · 1909
- Sylvester Coal Co. v. City of St. LouisSupreme Court of Missouri · 1895
- Oklahoma City v. TuckerCourt of Criminal Appeals of Oklahoma · 1915
- Kansas City v. PlumbMissouri Court of Appeals · 1967
- City of St. Louis v. MuellerMissouri Court of Appeals · 1958
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