City of Kansas v. Flanagan
Supreme Court of Missouri
Appeal from Jackson Criminal Court. — ITon. H. P. White, Judge. An officer at common law n^ay execute his office by deputy. Midhurst v. Waite, 3 Burr. 1259 ; Phelps v. Winch-comb, 3 Bulst. 77; 2 Black. Com., 37: Page v. Hardin, 8 B. Mon. 662; State v. Gonzales, 26 Texas 197; Commonwealth v. Arnold, 3 Litt. (Ky,.) 316; Nexo Albany, §c., R. R. Co. v. Grooms, 9 Ind. 243; Sergeant v. George, 5 Litt. (Ky.) 198.
1Opinion of the CourtHouse, J.
The defendant was convicted before the recorder of the City of Kansas for selling liquor without license in violation of an ordinance of said city. The information upon which the defendant was tried was signed “ Wash Adams, city attorney, pr. W.” On appeal to the criminal court of Jackson county, the information was dismissed on the ground that it was not preferred by the city attorney in person, but by B. L. Woodson, who, during the'temporary absence of the city attorney, performed his duties at his request. The city charter provides that “ a warrant shall issue in all cases in favor of the…
2Cited by4 opinions
- Ex parte HollwedellSupreme Court of Missouri · 1881
- Knapp v. Kansas CityMissouri Court of Appeals · 1892
- Ex parte WashingtonMissouri Court of Appeals · 1881
- State ex rel. Public School Fund of New Madrid County v. LuceU.S. Circuit Court for the District of Eastern Missouri · 1894