City of Edina v. Brown
Missouri Court of Appeals
Appeal from the Knox County Circuit Court, Ben E. Turner, Judge. The complaint need not be sworn to. Missouri City v. Hutchinson, 71 Mo. 46. Tribunals of limited jurisdiction must exercise such jurisdiction in strict conformity to the statute. Missouri Qity v. Hutchinson, 71 Mo. 46 ; Kansas City v. Flanagan, 69 Mo. 22. - .
1Opinion of the CourtLewis, P. J.
The plaintiff is a city of the fourth class, incorporated under Revised Statutes, chapter 89, article 5. This proceeding was instituted against the defendant, before the mayor, under a city ordinance regulating the sale of intoxicating liquors. The defendant was fined fifty dollars, with an order that he stand committed to jail until the fine and costs were paid. On his appeal to the circuit court, a motion to dismiss was sustained on the ground that the original complaint was not sworn to, as required by law, wherefore, the mayor had no jurisdiction. The plaintiff asked leave to amend in the…
2Cases cited1 opinion
- Missouri City v. HutchinsonSupreme Court of Missouri · 1879