City of Savannah v. Dickey
Missouri Court of Appeals
Appeal from the Andrew Circuit Court. — Hon. O. A. Anthony, Judge. On the trial in the court above, plaintiff read in evidence, in support of his case, the complaint, also that part of the ordinance on which the suit is based. The complaint fails to state that the city of Savannah isincorporated, and respondent did not prove or offer to prove, that it was. Defendant therefore does not know that said city was incorporated, and if incorporated, under what charter.
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Appeal from the Andrew Circuit Court. — Hon. O. A. Anthony, Judge. On the trial in the court above, plaintiff read in evidence, in support of his case, the complaint, also that part of the ordinance on which the suit is based. The complaint fails to state that the city of Savannah isincorporated, and respondent did not prove or offer to prove, that it was. Defendant therefore does not know that said city was incorporated, and if incorporated, under what charter. The complaint uses the word unlawfully for wilfully. It should have used the language of the ordinance. The meaning of the words is…
1Opinion of the CourtEllison, J.
Defendant was convicted of committing a nuisance by keeping on premises occupied by him the carcass of a dead mule, contrary to an ordinance of the city of Savannah.
I. Defendant complains that there was no proof or allegation of the incorporation of the city. Such allegation and proof is not necessary. We will take judicial notice that the city of Savannah is a city of the fourth class. R. S., sec. 4931.
II. The next complaint is that the defendant is charged to have “unlawfully kept and maintained the nuisance, when the ordinance on that subject is, whoever shall “wilfully” keep or maintain,…
2Cited by6 opinions
- Shelby County R-IV School District v. HermanSupreme Court of Missouri · 1965
- Jackson v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1900
- Bennett v. City of MarionSupreme Court of Iowa · 1898
- City of Brookfield v. TooeySupreme Court of Missouri · 1897
- State ex rel. Jones v. WhiteMissouri Court of Appeals · 1897
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