Kansas City v. Pengilley
Supreme Court of Missouri
Appeal from Jackson Criminal Court. — Ron. Ralph 8. Latshaw, Judge. (1) The ordinance in question is invalid, because it is uncertain, unreasonable and oppressive. It undertakes to punish one who shall-“refuse” to pay, without saying at what time the refusal shall occur. It does not state at what moment the pay is demandable, or the refusal to pay shall be deemed to occur. City v. Glover, 210 Mo. 502; City v. Black, 139 Mo.
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Appeal from Jackson Criminal Court. — Ron. Ralph 8. Latshaw, Judge. (1) The ordinance in question is invalid, because it is uncertain, unreasonable and oppressive. It undertakes to punish one who shall-“refuse” to pay, without saying at what time the refusal shall occur. It does not state at what moment the pay is demandable, or the refusal to pay shall be deemed to occur. City v. Glover, 210 Mo. 502; City v. Black, 139 Mo. App. 386; City v. Fitz, 53 Mo. 582; City v. Roche, 128 Mo. 546; Ex parte Smith, 135 Mo. 223; City v. Riley, 72 Mo. 220; City v. Springfield, 93 Mo. App. 70; St. Louis v.…
1Opinion of the CourtBlair, J.
This appeal comes from the criminal court of Jackson County, wherein, on appeal from the municipal court of Kansas City, appellant was fined five dollars for an alleged violation of a section of an ordinance of Kansas City, reading thus: *
“Sec. 1. That any person who shall hire a horse-drawn or power-propelled vehicle, whether carriage, buggy, wagon, automobile or taxicab, for the purpose of riding therein or transporting any goods, wares or merchandise, and shall refuse to pay the agreed price, or the reasonable price therefor, or the rate therefor as fixed by any ordinance of Kansas City,…
2Cases cited2 opinions
- City of St. Louis v. SternbergSupreme Court of Missouri · 1879
- Bray v. StateSupreme Court of Alabama · 1903
3Cited by6 opinions
- People v. HolderCalifornia Court of Appeal · 1921
- Burnam v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
- State v. TaylorSupreme Court of Missouri · 1934
- State v. DavisMissouri Court of Appeals · 1970
- In Re Fowler.Missouri Court of Appeals · 1925
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