City of St. Louis v. Kellman
Supreme Court of Missouri
Appeal from St. Louis Court of Criminal Correction.— Hon. Benjamin J. Klene, Judge. (1) Ordinance 24582, although, in thé form of an amendment, is, in reality, and as a matter of law, but a repeal by implication of section-505 of the Revised Code of St. Louis. It nowhere repeals the said prior ordinance in express terms, as required by the Charter.
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Appeal from St. Louis Court of Criminal Correction.— Hon. Benjamin J. Klene, Judge. (1) Ordinance 24582, although, in thé form of an amendment, is, in reality, and as a matter of law, but a repeal by implication of section-505 of the Revised Code of St. Louis. It nowhere repeals the said prior ordinance in express terms, as required by the Charter. City v. Sanguinet, 49 Mo. 581. (2) Ordinance 24582 operates to repeal prior ordinance, section. 505, Revised- Code, although in the form of an amendment. On its face, said ordinance simply strikes out said'section 505 and inserts a new section in…
1Opinion of the CourtLamm, J.
— This case is a companion with a series, idz., City of St. Louis v. Ameln, City of St. Louis v. Ferd Meyer, and other cases (just handed down and reported in this Report and in 236 Mo.), in which the appeals are intended to test the validity of one or another phase of the milk ordinances of St. Louis. Kellman was convicted for violating ordinance 24582, fined $25, and appealed here.
The substance of the complaint against him is that he, on the 17th day of November, 1909, in violation of ordinance 24582 (pleaded by its title, number and date of approval, viz., October 23, 1909), did have in…
2Cited by10 opinions
- State Ex Inf. Taylor v. American Ins. Co.Supreme Court of Missouri · 1946
- Dawson v. TobinNorth Dakota Supreme Court · 1946
- State Ex Rel. City of Republic v. SmithSupreme Court of Missouri · 1940
- Petty v. Kansas City Public Service Co.Supreme Court of Missouri · 1946
- State ex rel. Wayne County v. HackmanSupreme Court of Missouri · 1917
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