City of Centralia v. Smith
Missouri Court of Appeals
Appeal from Boone Circuit Court. — How. John A. HocJcaday, Judge. (1) The court erred in overruling defendant’s motion to quash the information filed in said cause by the city attorney. Buggies v. Collier, 43 Mo. 353. (2) In the cases of Thompson v. Boonville, 61 Mo. 282, Matthews v. Alexandria, 68 Mo. 110, it is held that a city council can not delegate a duty plainly and expressly devolved upon them to the mere discretion and caprice of a single individual.
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Appeal from Boone Circuit Court. — How. John A. HocJcaday, Judge. (1) The court erred in overruling defendant’s motion to quash the information filed in said cause by the city attorney. Buggies v. Collier, 43 Mo. 353. (2) In the cases of Thompson v. Boonville, 61 Mo. 282, Matthews v. Alexandria, 68 Mo. 110, it is held that a city council can not delegate a duty plainly and expressly devolved upon them to the mere discretion and caprice of a single individual. (3) This ordinance is invalid for the reason that it is unconstitutonal, unreasonable and subject to favoritism, placing the power of…
1Opinion of the CourtEllison, J.
— Defendant was convicted in the police court of the city of Centralia for exploding firecrackers within the limits of the city on the Fourth of July, 1901. He appealed to the circuit court of Boone county where he was again convicted. He now comes here asking that the judgment be reversed.
*440There was a motion made by defendant to quash the information or complaint, which was overruled. As no exception was saved we need not notice it further. The statement made by defendant in his motion for new trial that he excepted is not sufficient.
The ordinance of said city which, defendant is charged with…
2Cited by8 opinions
- Kansas City v. WilhoitMissouri Court of Appeals · 1951
- Cannon v. City of DallasCourt of Appeals of Texas · 1953
- Fitts v. City of AtlantaSupreme Court of Georgia · 1905
- Riggs v. Hot SpringsSupreme Court of Arkansas · 1930
- City of Carthage v. GarnerSupreme Court of Missouri · 1908
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