City of Rich Hill v. Coleman
Missouri Court of Appeals
Appeal from the Bates Circuit Cou/rt. — Hon. Jas. H. Lay, Judge. If federal, state, and city laws are construed strictly, one or the other must fall, hence the rule that, statutes should be construed as to give them both force.
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Appeal from the Bates Circuit Cou/rt. — Hon. Jas. H. Lay, Judge. If federal, state, and city laws are construed strictly, one or the other must fall, hence the rule that, statutes should be construed as to give them both force. Connor v. Railroad, 59 Mo. 285. "When the provisions of a law are inconsistent and contradictory. to each other or a literal construction would make a conflict, it is the duty of the court to harmonize the various provisions; and to effect this, it may be necessary to depart from a literal construction of one or more sections. State v. Reman, 70 Mo. 441. See opinion of…
1Opinion of the CourtSmith, P. J.
This is a prosecution that was set on foot by the city of Rich Hill, a city of the fourth class, against the defendant for the violation of an ordinance of that city which provided that no person should directly or indirectly sell any intoxicating liquors in any quantity less' than three gallons within the city limits, without first taking out a city license, as a dram-shop keeper. The complaint charged that the defendant sold one gallon of whiskey without first taking out a city license as a dramshop keeper, etc. It was admitted that the defendant made the sale as charged. It was admitted,…
2Cases cited1 opinion
- State v. WylSupreme Court of Missouri · 1874