City of Bethany v. Custer

• Citation: 58 S.W.2d 779,227 Mo.App. 926
• Parties: CITY OF BETHANY, RESPONDENT, v. CORA CUSTER, APPELLANT
• Decision Date: 03 April 1933
• Court: Kansas Court of Appeals

58 S.W.2d 779

227 Mo.App. 926

CITY OF BETHANY, RESPONDENT, v. CORA CUSTER, APPELLANT

Court of Appeals of Missouri, Kansas City

April 3, 1933

Appeal from the Circuit Court of Harrison County.--Hon. A. G. Knight, Judge.

Judgment reversed.

Mrs Sylvester Wells for appellant.

No brief for respondent.

OPINION

SHAIN P. J.

The controversy herein arose by the city of Bethany, Missouri filing a complaint in the police court of that city, seeking to recover the sum of one hundred ($ 100) dollars from Cora Custer, on the ground that said Cora, in violation of certain numbered sections designated as "Ordinances, of the city of Bethany, entitled revising the ordinances of the city of Bethany, Missouri."

The complainant alleges due adoption of the ordinances by the city, but is silent as to the subject-matter of the said ordinances. There is shown a complaint, which is in words and phrases as follows (clerical corrections), to-wit:

"STATE OF MISSOURI, CITY OF BETHANY, ss.

"CITY OF BETHANY, PLAINTIFF, vs. CORA CUSTER, DEFENDANT.

"Before Wm. Roleke, Police Judge.

"Cora Custer to the City of Bethany, Dr.

"To one hundred 00/100 dollars for the violation of sections 362 and 364 of an ordinance of the city of Bethany, entitled revising the ordinances of the city of Bethany, Missouri, duly adopted by the board of aldermen, and approved by the mayor of said Bethany, on the 15th day of February, 1926, to this, to-wit:

"That on the 18th day of July, 1930, in the city of Bethany, the said defendant Cora Custer did willfully and maliciously maintain a nuisance by leaving and depositing upon city lots under her control and occupancy in the city of Bethany, Missouri, ashes, cinders, stones, dirt, paper, trash, rubbish, decayed vegetable matter, broken ware, rags and other disagreeable substances.

"Count 2. And permitted growth of weeds on said lots to a height of over one foot. Said lots being under her occupancy and control, contrary to the ordinance aforesaid, and against the peace and dignity of said city.

"Wherefore; the city of Bethany prays judgment against said defendant for $ 100 and for costs of this suit.

"C. C. ROSS,

"City Attorney."

While what is before us discloses that the municipal authorities and probably others of Bethany, Missouri, are sorely aggrieved at Cora Custer for some so charged very willful and malicious acts, still as no bill of exceptions has been filed, and probably never could be filed, this court is at a loss to know just what it is all about.

On March 5, 1932, there was filed in this court a certificate made by the trial judge. In this certificate, the judge certifies that the reporter, who took the case, has been unable to transcribe her shorthand notes and furnish to the appellant herein a transcript from which to make bill of exceptions.

The certificate has this language: "The appellant, therefore, is deemed by me to have good cause for not having perfected and filed her bill of exceptions in said cause."

We concur, in the above, and will endeavor from what is before us to make the best disposition of the matter possible under the circumstances.

There is on file, in this case, what purports to be a "Transcript." This so-called transcript consists of the complaint, statement that there was a trial in the police court resulting in $ 5 fine, several affidavits for appeal motions for continuance, motions to dismiss, motions to tax costs, recitals of the facts of the trial in the circuit court with a jury verdict there, together with about all that a transcript should contain, minus the transcript itself. As the true transcript is still in the original handwriting of the...