State ex rel. Jones v. Howe Scale Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The court erred in overruling appellant’s demurrer on the ground that the court had no jurisdiction. By section 3040, failure to comply with requirements of section 3039 subjects the offender to a fine of not less than $1000. An offense punishable by fine only is a misdemeanor.
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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The court erred in overruling appellant’s demurrer on the ground that the court had no jurisdiction. By section 3040, failure to comply with requirements of section 3039 subjects the offender to a fine of not less than $1000. An offense punishable by fine only is a misdemeanor. Section 4925', R. S. 19091. A violation of a statute, punishable by fine only, is a misdemeanor and properly prosecuted in the court of criminal correction. State v. Fleming, 221 Mo. 451. (2) The court erred in overruling the demurrer because…
1Opinion of the Court
NORTON!, J.
This is a suit under the statute for a penalty. Defendant interposed a demurrer to plaintiff’s petition, which was overruled by the court. Upon its demurrer being thus overruled, defendant declined to plead further and suffered judgment to go against it, as is frequently done in such cases. The appeal is prosecuted from this judgment, and the questions for consideration arise on the face of plaintiff’s petition. The petition, omitting formal parts and signature, is as follows:
“The State of Missouri, at the relation of Seebert Gr. J ones, Circuit Attorney of the city of St. Louis,…
2Cases cited8 opinions
- Hepner v. United StatesSupreme Court of the United States · 1909
- Stockwell v. United StatesSupreme Court of the United States · 1871
- United States v. ZuckerSupreme Court of the United States · 1896
- Atchison & Nebraska R. R. v. BatyNebraska Supreme Court · 1877
- Western Union Telegraph Co. v. StateSupreme Court of Arkansas · 1907
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3Cited by5 opinions
- Wilkes v. Deerfield-Bannockburn Fire Protection DistrictAppellate Court of Illinois · 1979
- State ex rel. Jones v. Howe Scale Co. of IllinoisSupreme Court of Missouri · 1919
- State Ex Rel. Jones v. Howe Scale Co.Missouri Court of Appeals · 1920
- State ex rel. Wright v. CarterMissouri Court of Appeals · 1958
- State Ex Rel. New First National Bank v. WhiteMissouri Court of Appeals · 1928