Merchant v. Bothwell
Missouri Court of Appeals
Appeal from the Bates Circuit Court. — Hon. James H. Lay, Judge. (1) Copy of public record, is admissible in evidence as the original. 13 Am. and Eng.
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Appeal from the Bates Circuit Court. — Hon. James H. Lay, Judge. (1) Copy of public record, is admissible in evidence as the original. 13 Am. and Eng. Encyclopedia of Law, page 115; Van Pelt v. Hutchison, 114 111. 435; Drake v. Kinsell, 38 Mich. 232; Bogart v. Green, 8 Mo. 116; State ex rel. v. Maloney, 113 Mo, 367; ,Town of Tipton v. Norman, 72 Mo. 381. (2) The existence of a. city ordinance is a question for the court and not the jury. 19 Am. and Eng..Encyclopedia of Law, p. 634; Boulo v. Val Cour, 58 N. H. 347; Peoria v. Calhoun, 29 111. 317; Hall v. Costello AS N. H. 173; State ex rel. v.…
1Opinion of the Court
Gíill, J.
Under the charter of Rockville, a city of the fourth class, the board of aldermen were authorized to levy and collect a license tax for the conduct of a meat market. Although there appears some claim to the contrary, it is conclusively shown by this record that at the time of the plaintiff’s arrest, and for years prior thereto, there existed an ordinance prohibiting the running of a meat market in said town without a license; and it is equally clear that the plaintiff was. pursuing that business in entire disregard of this, ordinance.
There was no police judge in said town of…
2Cases cited5 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Allyn v. MatherSupreme Court of Connecticut · 1832
- Lingo v. BurfordSupreme Court of Missouri · 1892
- Turner v. FranklinSupreme Court of Missouri · 1860
- Peery v. GillCourt of Appeals of Kansas · 1889
3Cited by7 opinions
- Wehmeyer v. MulvihillMissouri Court of Appeals · 1910
- Shanklin ex rel. Wetzler v. FrancisMissouri Court of Appeals · 1896
- Holder v. St. Louis & San Franciso RailroadMissouri Court of Appeals · 1911
- Nest v. HainesMissouri Court of Appeals · 1915
- Robinson v. First Nat. Bank of ArdmoreSupreme Court of Oklahoma · 1924
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