City of St. Louis v. Vert
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) A prosecution under a city ordinance is an action of debt for the recovery of a penalty. The original complaint fails to mention the amount sought to be recovered, and the court could take no jurisdiction under this complaint. City of St. Louis v. Smith, 10 Mo. 439; Memphis v. O’ Connor, 53 Mo. 468 ; Ex parte HollwedeTt, 74 Mo. 395; City of St. Louis v. Knox, 74 Mo. 79 ; Billon on Mun.
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Appeal from St. Louis Court of Appeals. (1) A prosecution under a city ordinance is an action of debt for the recovery of a penalty. The original complaint fails to mention the amount sought to be recovered, and the court could take no jurisdiction under this complaint. City of St. Louis v. Smith, 10 Mo. 439; Memphis v. O’ Connor, 53 Mo. 468 ; Ex parte HollwedeTt, 74 Mo. 395; City of St. Louis v. Knox, 74 Mo. 79 ; Billon on Mun. Corp. (3d Ed.) secs. 408, 409, 410, 413, 414; Case v. Mobile, 30 Ala. 538 ; 2 Kyd on Corp. 167; Sluyxesant n. Mayor, 7 Cow. 608. (2) There being no jurisdiction…
1Opinion of the Court
DeArmond, C.
Antoine Yert was arrested behind the bar in his establishment in St. Louis about the middle of an August night in 1881, for interfering with a policeman attempting the capture of Justine Yert, wife of Antoine, for' creating a distubance. Yert was taken to the police station where “ knuckles of brass ” were found concealed in his hip pocket. A proceeding was then begun against him in one of the police courts, on the report in writing of the chief of police, under this clause of an ordinance of the city : “No summons or warrants shall be issued against any person lawfully arrested…
2Cases cited1 opinion
- Ex parte HollwedellSupreme Court of Missouri · 1881
3Cited by9 opinions
- Kansas City v. NealSupreme Court of Missouri · 1894
- Ogden City v. CrossmanUtah Supreme Court · 1898
- Ex Parte LernerSupreme Court of Missouri · 1920
- City of Springfield v. StevensSupreme Court of Missouri · 1949
- Van Buren v. TexarkanaSupreme Court of Arkansas · 1890
4 more not listed; retrieve them via the Exa API.