Howlett v. Turner
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Hon. J. L. Fort, Judge. (1) An action of tbe kind under discussion is an action of debt and may be assimilated to a proceeding before a justice of tlie peace. St. Louis v. Smith,. 10 Mo. 440; Kansas City v. White, 69 Mo. 28; Ex parte Holwedell, J4 Mo. 401. (2) A defendant in a proceeding to collect a fine for the infraction of a city ordinance may be compelled to testify against himself.
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Appeal from Butler Circuit Court. — Hon. J. L. Fort, Judge. (1) An action of tbe kind under discussion is an action of debt and may be assimilated to a proceeding before a justice of tlie peace. St. Louis v. Smith,. 10 Mo. 440; Kansas City v. White, 69 Mo. 28; Ex parte Holwedell, J4 Mo. 401. (2) A defendant in a proceeding to collect a fine for the infraction of a city ordinance may be compelled to testify against himself. City of St. Louis v. Eailroad, 89 Mo. 48; s. c., 14 Mo. App. 221. (3) Under the Missouri statute, a surety for costs is practically a party as to the costs, and judgments…
1Opinion of the CourtBland, P. J.
Henry Thomas was convicted in the police court in the city of Poplar Bluff — a city of the third class — for the violation of an ordinance of the said city against gambling. He appealed to the circuit court and gave the following recognizance:
“Whereas, Henry Thomas has appealed from the verdict and judgment rendered against him for a fine and imprisonment before T. J. Henderson, police judge of the city of Poplar Bluff, in the prosecution wherein the city of Poplar Bluff was plaintiff and Henry Thomas defendant, to the circuit court of Butler county, now if the defendant shall appear at the…
2Cases cited4 opinions
- St. Louis & San Francisco Railway Co. v. LowderSupreme Court of Missouri · 1897
- Missouri, Kansas & Eastern Railway Co. v. HoerethSupreme Court of Missouri · 1898
- City of Mexico v. GeigerMissouri Court of Appeals · 1893
- State v. LewisMissouri Court of Appeals · 1895
3Cited by2 opinions
- Henman v. WestheimerMissouri Court of Appeals · 1905
- Farris v. SmithpeterMissouri Court of Appeals · 1914