City of Salisbury v. Patterson
Missouri Court of Appeals
Appeal from Chariton Circuit Court, Hon. G. D. Burgess, Judge. The case is stated in the opinion. I. The court erred in overruling motion to dismiss, and in arrest. The record discloses no jurisdiction in the mayor, and it cannot be presumed. The court can not take judicial notice that Salisbury is a statutory city of any class ; or of its officers or ordinances.
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Appeal from Chariton Circuit Court, Hon. G. D. Burgess, Judge. The case is stated in the opinion. I. The court erred in overruling motion to dismiss, and in arrest. The record discloses no jurisdiction in the mayor, and it cannot be presumed. The court can not take judicial notice that Salisbury is a statutory city of any class ; or of its officers or ordinances. City of Hopkins v. Railroad, 79 Mo. 98; Town of Butler v. Robinson, 75 Mo. 192; State v. Cleveland, 80 Mo. 108 ; Spurloelc v. Dougherty, 81 Mo. 171; Cox v. St. Louis, 11 Mo. 431. II. Defendant was entitled to know the authority of…
1Opinion of the CourtEllison, J.
This is a prosecution commenced before I. Morehead, mayor of Salisbury, based on an oral complaint of the marshal. Conviction, and appeal to the circuit court. Motion to dismiss for insufficiency of complaint, and for want of jurisdiction. Motion overruled. Defendant excepted and refused to prosecute his appeal further. Appeal dismissed and defendant brings the case here.
The following is the complaint as entered in the mayor ’ s docket:
“ City of Salisbury )
vs. )
“R. A. Patterson. )
Before I. Morehead, Mayor of the city of Salisbury, Chariton county, Mo.
“This isa complaint made by Stephen…
2Cases cited3 opinions
- Prell v. McDonaldSupreme Court of Kansas · 1871
- City of St. Louis v. FitzSupreme Court of Missouri · 1873
- State ex rel. Inhabitants of Neosho v. BakerSupreme Court of Missouri · 1881
3Cited by7 opinions
- State ex rel. Williams v. AnthonyMissouri Court of Appeals · 1896
- City of St. Joseph v. HarrisMissouri Court of Appeals · 1894
- Town of Gower v. AgeeMissouri Court of Appeals · 1908
- Village of Green City v. HolsingerMissouri Court of Appeals · 1898
- State v. FreemanMissouri Court of Appeals · 1894
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