City of Billings v. Dunnaway
Missouri Court of Appeals
Error to the Christian Circuit Court. — Hon. W. D. Hubbard, Judge. It was not necessary for the plaintiff to prove, it was the duty of the court to take, judicial notice of the fact that the city of Billings was a city of the fourth class and situated within the territory over which the court had jurisdiction. Revised Statutes, 1889, sec. 1579; City of Savannahv. Bichey, 33 Mo.
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Error to the Christian Circuit Court. — Hon. W. D. Hubbard, Judge. It was not necessary for the plaintiff to prove, it was the duty of the court to take, judicial notice of the fact that the city of Billings was a city of the fourth class and situated within the territory over which the court had jurisdiction. Revised Statutes, 1889, sec. 1579; City of Savannahv. Bichey, 33 Mo. App. 522. Even the defendant himself cannot raise the question as to the legal existence of a municipal corporation whose ordinances he is charged with violating. Such question can only be raised by the state by quo…
1Opinion of the CourtRombatter, P. J.
— The proceeding is one to uphold a conviction of the defendant for a violation of an ordinance of the city of Billings. The defendant was convicted before the mayor, but, upon appeal to the circuit court, he was acquitted under an instruction given by the court to the jury to find him not guilty. The ruling out of the plaintiff’s evidence is the error complained of.
At the inception of the trial in the circuit court the plaintiff requested the court to take judicial notice of the fact that the plaintiff is a city of the fourth class. This the court declined to do. The plaintiff thereupon…
2Cases cited6 opinions
- Board of Commissioners v. ShieldsSupreme Court of Missouri · 1876
- Inhabitants of Town of Fredericktown v. FoxSupreme Court of Missouri · 1884
- Andrews v. Inhabitants of BoylstonMassachusetts Supreme Judicial Court · 1872
- Eubank v. City of EdinaSupreme Court of Missouri · 1886
- Pierce v. Inhabitants of LutesvilleMissouri Court of Appeals · 1887
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3Cited by4 opinions
- Tate v. Wabash RailroadMissouri Court of Appeals · 1908
- Ex Parte KeelingCourt of Criminal Appeals of Texas · 1908
- State ex rel. Jones v. WhiteMissouri Court of Appeals · 1897
- York v. City of EvertonMissouri Court of Appeals · 1909