Village of Koshkonong v. Boak
Missouri Court of Appeals
Appeal from Texas County Circuit Court.—Hon. L. B. Woodside, Judge. (1) A proceeding for a violation of a city ordinance is a civil and not a criminal action, and the sufficiency of the complaint will be tested by the rules applicable to other civil cases. City of Mexico v. Harris, 115 Mo. App. 707; Carthage v. Bird, 146 Mo. App. 325; Gallatin v. Tarwarter, 143 Mo. 46; Carruthersville v. Pallsgrove, 155 Mo. App. 564; Hannibal v. Dudley, 158 Mo.
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Appeal from Texas County Circuit Court.—Hon. L. B. Woodside, Judge. (1) A proceeding for a violation of a city ordinance is a civil and not a criminal action, and the sufficiency of the complaint will be tested by the rules applicable to other civil cases. City of Mexico v. Harris, 115 Mo. App. 707; Carthage v. Bird, 146 Mo. App. 325; Gallatin v. Tarwarter, 143 Mo. 46; Carruthersville v. Pallsgrove, 155 Mo. App. 564; Hannibal v. Dudley, 158 Mo. App. 261; Stephens v. Kansas City, 146 Mo. 465; St. Louis v. Marshall, 99 Mo. 475. (2) It is not even required, when the complaint is made by the…
1Opinion of the CourtFaebington, J.
—Eespo'ndent was found guilty of a misdemeanor and fined ten dollars before the chairman of the board of trustees of the village of Koshkonong, and appealed to the circuit court, but with the same result. However, his motion for a new trial was sustained, and he then presented and the circuit court sustained a motion to dismiss the cause in which is alleged: “1. Because the court has no jurisdiction to try this cause. 2. There was no complaint filed in the village court on which to base this cause. 3. That the complaint on which this prosecution was based was not verified by any person as…
Also in this document: Concurrence.
2Cases cited30 opinions
- City of St. Louis v. WeitzelSupreme Court of Missouri · 1895
- State v. BockstruckSupreme Court of Missouri · 1896
- Woodson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Naylor v. CoxSupreme Court of Missouri · 1893
- Bacon v. ChaseSupreme Court of Iowa · 1891
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3Cited by3 opinions
- Clardy v. Kansas City Public Service Co.Missouri Court of Appeals · 1931
- City of St. Louis v. EskridgeMissouri Court of Appeals · 1972
- Marts v. PowellMissouri Court of Appeals · 1913