Legal Opinion

City of St. Louis v. Wortman

Supreme Court of Missouri

Decided June 26, 1908PublishedCited by 18 opinions

Error to St. Louis Court of Criminal Correction.— Ron. Hiram N. Moore, Judge. (1) With respect to the acts of the Legislature passed in 1907 while these cases were pending in the Supreme Court, section 1327 of the general ordinances of the city prevents a legislative appeal from abating a suit to collect the penalties provided.

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Error to St. Louis Court of Criminal Correction.— Ron. Hiram N. Moore, Judge. (1) With respect to the acts of the Legislature passed in 1907 while these cases were pending in the Supreme Court, section 1327 of the general ordinances of the city prevents a legislative appeal from abating a suit to collect the penalties provided. (2) Section 5 of the Act of 1905 relating to the State Dairy Commissioner, if it be interpreted as nullifying the provisions of city ordinances and charters, is unconstitutional because no hint of any such purpose appeared in the title. (3) All the governments,…

1Opinion of the Court

"WOODSON, J.

-It is conceded by the defendant, in error that the plaintiff’s statement of the case is full and fair; and for economy of time I will adopt that statement as the statement of court, which is as follows:

“This was a prosecution instituted by the city attorney of the city of St. Louis against Henry Wortman, the defendant in error, to recover a penalty of $100 for the violation of section 17 of Ordinance 20808, approved August 27, 1902. Section 17 of the ordinance, upon which the prosecution was founded, is as follows:
“ ‘Section 17. Any person, firm or corporation, who shall sell,…

2Cases cited1 opinion

  1. City of Kansas v. ClarkSupreme Court of Missouri · 1878

3Cited by18 opinions

  1. State Ex Inf. Atty. Gen. v. HedrickSupreme Court of Missouri · 1922
  2. Davis v. J.C. Nichols Co.Missouri Court of Appeals · 1988
  3. State v. RawlingsSupreme Court of Missouri · 1911
  4. State Ex Rel. Taylor v. WadeSupreme Court of Missouri · 1950
  5. City of St. Louis v. AmelnSupreme Court of Missouri · 1911

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