City of Neck City v. Griffith
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division Number One. — Hon. Joseph D. Perkins, Judge. (1) There is an entire failure of proof in this case. The defendant is charged with “operating and maintaining a telephone company within the corporate limits of the city of Neck City without first having had and obtained a license therefor.” There is no evidence that defendant operated a telephone company in Neck City.
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Appeal from Jasper County Circuit Court, Division Number One. — Hon. Joseph D. Perkins, Judge. (1) There is an entire failure of proof in this case. The defendant is charged with “operating and maintaining a telephone company within the corporate limits of the city of Neck City without first having had and obtained a license therefor.” There is no evidence that defendant operated a telephone company in Neck City. The record simply shows that defendant was an employee or agent of the Home Telephone Company. He is not charged with “operating and maintaining a telephone company as agent. ’ ’ St.…
1Opinion of the Court
FARRINGTON, J.-
The defendant, F. H. Griffith, was found guilty of violating an ordinance duly passed by the plaintiff city on a trial in the police court, and appealed to the circuit court where he was again found guilty and his punishment assessed at a fine of twenty-five dollars. The complaint on which he was tried is as follows:
"Comes now A. M. Baird, city attorney within and for the city of Neck City, Missouri, and upon his official oath, informs the court and charges that on or about the — day of September, 1912, within the corporate limits of the city of Neck City, Missouri, one F. H.…
Also in this document: Concurrence.
2Cases cited6 opinions
- State v. MispagelSupreme Court of Missouri · 1907
- Weil v. PostenSupreme Court of Missouri · 1883
- Gates v. City of AuroraIllinois Supreme Court · 1867
- Lesterjelle v. Mayor of ColumbusSupreme Court of Georgia · 1860
- Mayor of Columbus v. ArnoldSupreme Court of Georgia · 1860
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3Cited by1 opinion
- State v. PomeroyUtah Supreme Court · 1934