City of Columbia v. Johnson
Missouri Court of Appeals
Appeal from the Boone Circuit Court. — Hon. Jno., A. Hogkauay, Judge. (1) Defendant’s motion to dismiss should have been sustained, as the police court had no jurisdiction of this cause. Nothing will be presumed to be within the jurisdiction of courts of inferior, limited or special jurisdiction; and no intendments can be indulged in their favor.
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Appeal from the Boone Circuit Court. — Hon. Jno., A. Hogkauay, Judge. (1) Defendant’s motion to dismiss should have been sustained, as the police court had no jurisdiction of this cause. Nothing will be presumed to be within the jurisdiction of courts of inferior, limited or special jurisdiction; and no intendments can be indulged in their favor. Works on Jurisdiction, p. 156; Hawes on Jurisdiction, p. 257; Wells on Jurisdiction, sec.-30; Brown on Jurisdiction, sec. 20; 12 Am. and Eng. Ency. of Law, p. 271; Squires v. Payne, 6 Cal. 654; Swam v. Chase, 12 Cal. 283; Loioev. Alexander, 15 Cal.…
1Opinion of the Court
Smith, P. J,
This is an action brought by the plaintiff city against the defendant before the police judge of said city to recover a penalty for the violation of an ordinance. The complaint is as follows:
“city’s complaint.
“State of Missouri, 1 Before Clarence O’Mahoney, “County of Boone, > Police Judge of the City of “City of Columbia. J Columbia.
“The City of Columbia, Plaintiff, v. “Louis Johnson (colored), Defendant.
“The undersigned, city attorney of the city of Columbia, informs the court, and charges the fact to be that on the 19th day of September, 1896, at the city of Columbia, and…
2Cases cited8 opinions
- State v. CrowSupreme Court of Missouri · 1891
- State v. GoetzSupreme Court of Missouri · 1863
- Porter v. JonesSupreme Court of Missouri · 1873
- Town of Kirkwood v. AutenreithMissouri Court of Appeals · 1886
- Henry Gaus & Sons Manufacturing Co. v. Magee, Lattimore & La Berge Manufacturing Co.Missouri Court of Appeals · 1890
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