City of Ozark v. Redmon, 5890.

• Decision Date: 21 February 1938
• Docket Number: No. 5890.,5890.
• Citation: 113 S.W.2d 828
• Parties: CITY OF OZARK v. REDMON.
• Court: Missouri Court of Appeals

113 S.W.2d 828

CITY OF OZARK v. REDMON.

No. 5890.

Springfield Court of Appeals. Missouri.

February 21, 1938.

Appeal from Circuit Court, Christian County; Will H. D. Green, Special Judge.

"Not to be published in State Reports."

G. W. Redmon was convicted of violating an ordinance of the City of Ozark, and he appeals, and the city of Ozark moves to dismiss the appeal.

Appeal dismissed.

Omer E. Brown, of Ozark, for appellant.

G. Purd Hays, of Ozark, for respondent.

SMITH, Judge.

The defendant was convicted on August 25, 1936, in the police court of Ozark in Christian county for violating one of the ordinances of that city. He appealed to the circuit court of that county and on the 8th day of August, 1937, before Honorable Will H. D. Green, acting as special judge in a trial to a jury, he was again convicted and fined $1 and the costs of the case. He appealed to this court. At the October term, 1937, at defendant's request, the case was passed to the January call term of our court.

At the call term, the respondent filed a motion to dismiss the appeal for failure to comply with rules 14, 15, and 16 of this court, with reference to appeals, and for failure to comply with the provisions of section 1028, R.S. Missouri 1929, Mo.St. Ann. § 1028, p. 1310.

On January 3, 1938, the defendant filed a written request for permission to comply with the statutes and the rules of this court, and conceded a failure to comply therewith.

No attempt thus far has been made in any way to comply with our rules nor with the statutes, and it follows that since the rules and the law with reference to appeals to this court have not been complied with in any way, there is nothing for us to do but dismiss the appeal.

It is so ordered.

ALLEN, P. J., and FULBRIGHT, J., concur.