City of Lake Winnebago v. Sharp

RENDLEN, Chief Justice.

These consolidated cases originated in the Lake Winnebago Municipal Division of the Circuit Court of Cass County. After their separate convictions the defendants sought to appeal to the circuit court for trial de novo. On motion of the city the circuit court remanded the cases to the municipal division because the affidavits for appeal were not signed. Defendants’ motions to set aside the remand, accompanied by signed affidavits, were denied, and the defendants appealed to the Missouri Court of Appeals which reversed the convictions by 2 to 1 vote and remanded for trial…