City of Brookfield v. Tooey
Supreme Court of Missouri
Appeal from Linn Circuit Court. — Hon. W. W. Rucker, Judge. (1) Not until the act of April 19, 1893, was the “police judge” created. How the city on the fifth of July, 1892, could, by ordinance, make a “police judge” is the mystery.
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Appeal from Linn Circuit Court. — Hon. W. W. Rucker, Judge. (1) Not until the act of April 19, 1893, was the “police judge” created. How the city on the fifth of July, 1892, could, by ordinance, make a “police judge” is the mystery. (2) Again, no evidence in this record of any vacancy in the office of either “recorder” or “police judge,” from all that appears, the “police judge” may have been present while the “special police judge” was performing judicial duties in his place. (3) The information or complaint is bad upon its face; cities of the various classes have different powers; the…
1Opinion of the CourtG-antt, P. J.
— This action was commenced Septem- ' her 22,1893, before T. M. Brinkley, who styles himself “special police judge,” of the city of Brookfield.
The case was tried before said Brinkley, November 20, 1893, defendant found guilty, and fined $10 and costs, from which judgment defendant appealed to the circuit court of Linn county, in which latter court the cause was tried before the judge without a jury at the February term, 1895, and defendant was again found guilty, fined $10 and costs, from which latter judgment this appeal is prosecuted.
The complaint is that on the fifteenth day of July, 1893,…
2Cases cited1 opinion
- City of Savannah v. DickeyMissouri Court of Appeals · 1889
3Cited by13 opinions
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- Hixon v. School District of MarionSupreme Court of Arkansas · 1933
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