State v. Hoffmann
Missouri Court of Appeals
Appeal from the Washington Circuit Court. — Hon. James F. Breen, Judge. A justice of the peace has special and limited jurisdiction, depending entirely upon statutory law, and the justice must proceed in all cases in the mode prescribed by the statute, and nothing will be presumed in favor of the jurisdiction of such a court, but, on the contrary, its jurisdiction must always appear affirm aatively upon the face of its proceedings.
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Appeal from the Washington Circuit Court. — Hon. James F. Breen, Judge. A justice of the peace has special and limited jurisdiction, depending entirely upon statutory law, and the justice must proceed in all cases in the mode prescribed by the statute, and nothing will be presumed in favor of the jurisdiction of such a court, but, on the contrary, its jurisdiction must always appear affirm aatively upon the face of its proceedings. L. B. True was a justice of the peace for Yalle township, and sent this case to P. C. Zollman, a justice of the peace for Yalle township. In what county? Was P. C.…
1Opinion of the Court
Biggs, J. —
The defendant was arrested, tried and convicted, before a justice of the peace upon an information drawn under section 3846 of the Revised Statutes of 1889; and charging him with destroying or injuring a tombstone within a certain cemetery or *384graveyard, and also with using the ground of the cemetery for purpose other than a burying ground, to wit, plowing it up for the purpose of cultivation. On a trial de novo in the circuit court the defendant was convicted of plowing up the graveyard and acquitted of the other charge. A fine of $600 was imposed. He has appealed to this court.
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2Cases cited2 opinions
- State ex rel. J. L. Isaacs Wall-Paper Co. v. William Barr Dry-Goods Co.Missouri Court of Appeals · 1891
- State v. GrubbMissouri Court of Appeals · 1897
3Cited by1 opinion
- Kennison v. StateNebraska Supreme Court · 1909