Inhabitants of Memphis v. O'Connor
Supreme Court of Missouri
Appeal from Scotland Circuit Court. I. Technicalities should not be regarded in pleadings before courts of limited jurisdiction. It was the duty of the Circuit Court to proceed to hear, try and determine this cause upon the merits.
1Opinion of the Court
Wagner, Judge,
delivered the opinion of the court.. The defendant was prosecuted, convicted and assessed to pay a fine in a proceeding before the town authorities for an alleged violation of an ordinance. '
He appealed to the Circuit Court, where upon his motion the case was dismissed, and the plaintiff has brought the cause here.
The main question is, whether the complaint filed, and upon which defendant was tried, was so palpably insufficient as to j ustify the court in dismissing the case.
The only charge contained in the complaint was, that the defendant committed a certain offense contrary…
2Cases cited1 opinion
- City of St. Louis v. SmithSupreme Court of Missouri · 1847
3Cited by4 opinions
- City of Marshall v. StandardMissouri Court of Appeals · 1887
- Pavey v. StaufferSupreme Court of Louisiana · 1893
- City of St. Joseph v. HarrisMissouri Court of Appeals · 1894
- Kansas City v. WhitmanMissouri Court of Appeals · 1897