Holman v. City of Macon
Citation | 155 Mo. App. 398,137 S.W. 16 |
Parties | HOLMAN v. CITY OF MACON. |
Decision Date | 01 May 1911 |
Court | Court of Appeal of Missouri (US) |
Rev. St. 1909, § 9147, provides for the election of police judges. Section 9171 empowers the city council to fix the compensation of all officers of the city. A city passed an ordinance that, in addition to the fees allowed by law to the city officers, a salary of $240 per annum should be paid to the police judge from the common or other fund as may be provided for that purpose. Other ordinances relate to the assessment, collection, and disposition of the police court fees, and provide that all fees, costs, and fines in proceedings had in such court should be collected by the marshal, and paid to the police judge's court fund of the city treasury. Held, that the ordinances give no other compensation to the police judge than the salary provided.
5. APPEAL AND ERROR (§ 839) — QUESTION PRESENTED FOR REVIEW—NECESSITY OF SETTING FORTH PLEADINGS.
Where a matter is not pleaded, nor conceded by the respondent, but is only raised in appellant's brief, it cannot be considered by the appellate court.
Appeal from Circuit Court, Macon County; Nat M. Shelton, Judge.
Action by James M. Holman against the City of Macon. From a judgment for defendant, plaintiff appeals. Affirmed.
B. R. Dysart and Ed. S. Jones, for appellant. Ben Franklin and Walter C. Goodson, for respondent.
This is an action by the police judge of Macon, a city of the third class, for the recovery from the city of fees of the office collected and paid into the city treasury. The ordinances of the city provide a salary for the police judge of $240 per annum, and plaintiff was paid the salary during the period in controversy, but he claims that the fees of the office were made a part of his compensation by ordinance. The city contends that the fees belonged to the city, and that the only compensation allowed by ordinance to the police judge was a salary of $240 per annum. No reply was filed by plaintiff to the answer, and on motion judgment was rendered on the pleadings for the defendant on the ground that the conceded facts sustain the position of defendant.
Pertinent statutes relating to cities of the third class are as follows: * * *"
Pursuant to these statutes, the city on September 10, 1894, enacted an ordinance designated as Ordinance No. 5, from which we quote the following section: And on October 1, 1894, the city enacted Ordinance No. 19, entitled, "An ordinance concerning the police court and regulating the proceedings therein." Sections 39 to 47, inclusive, of that ordinance, contain all of its provisions relating to the assessment, collection and disposition of the police court fees. Those sections are as follows:
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