Schweitzer v. City of Liberty
Supreme Court of Missouri
Appeal from Clay Circuit Court. — J. W. Jenkins, Esq., Special Judge. The ordinance was illegal and void. Dillon on Mun. Corp., § 55, note 1; Ibid §§ 251, 298, 302 ; Jefferson City v. Courtmeyer, 9 Mo. 692; Com. v. Turner, 1 Cush 493. The ordinance was not published as the charter required and tvas, therefore, inoperative at the time the prosecutions complained of were had against plaintiff. Acts 1874, § 37; Dillon on Mun.
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Appeal from Clay Circuit Court. — J. W. Jenkins, Esq., Special Judge. The ordinance was illegal and void. Dillon on Mun. Corp., § 55, note 1; Ibid §§ 251, 298, 302 ; Jefferson City v. Courtmeyer, 9 Mo. 692; Com. v. Turner, 1 Cush 493. The ordinance was not published as the charter required and tvas, therefore, inoperative at the time the prosecutions complained of were had against plaintiff. Acts 1874, § 37; Dillon on Mun. Corp., § 265 ; Barnett v. Newark, 28 111. 62; Conroy v. Iowa City, 2 Clarke 90; Higley v. Bunce, 10 Conn. 435; 46 N. Y. 42; 60 N. Y. 457; 62 N. Y. 224; Ex parte Winsor, 3…
1Opinion of the Court
Ewing, C.
This was a suit brought by plaintiff, before a justice of the peace, to recover of defendant, the appellee, certain amounts paid by her as fines and costs to the officers of the city of Liberty, under a certain ordinance of the said city in relation to the sale of intoxicating liquors, which ordinance, she claims, was void and illegal, and said sums exacted from her under duress, and to prevent the seizure of her goods and the arrest of her person. Judgment was rendered against her in the justice’s court, when she appealed to the circuit court of Clay county, Missouri, *312where she was…
2Cases cited6 opinions
- State v. CowanSupreme Court of Missouri · 1860
- City of St. Louis v. CafferataSupreme Court of Missouri · 1856
- City of St. Louis v. BentzSupreme Court of Missouri · 1847
- Byers v. President of OlneyIllinois Supreme Court · 1854
- President of Mt. Carmel v. County of WabashIllinois Supreme Court · 1869
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3Cited by6 opinions
- Benne v. SchneckoSupreme Court of Missouri · 1889
- State ex rel. Wear v. FrancisSupreme Court of Missouri · 1888
- McKinney v. NorthcuttMissouri Court of Appeals · 1905
- City of Pilot Grove v. McCormickMissouri Court of Appeals · 1894
- Glasgow Milling Co. v. BurnesSupreme Court of Missouri · 1898
1 more not listed; retrieve them via the Exa API.