City of St. Louis v. Grafeman Dairy Co.
Decision Date | 28 June 1905 |
Citation | 89 S.W. 617,190 Mo. 492 |
Parties | CITY OF ST. LOUIS v. GRAFEMAN DAIRY CO. |
Court | Missouri Supreme Court |
Prosecution by the city of St. Louis against the Grafeman Dairy Company. There was a judgment of dismissal, and the city brings error. Reversed.
Chas. W. Bates and Wm. F. Woerner, for plaintiff in error. E. F. Stone, for defendant in error.
This action was commenced in the first district police court of the city of St. Louis for violation by defendant of section 10 of Ordinance 20,808, relating to the licensing and regulation of the sale of milk and cream and the inspection thereof, "by carrying on the business of a vender of milk and cream without a license, and by failing to register as such at the office of the health commissioner, and for failing to pay the registration fee." A motion to quash was lodged in the St. Louis court of criminal correction, which was sustained and the suit dismissed, from which action the plaintiff city appeals to this court.
There are 17 grounds assigned for quashing the action. Seven of these grounds, to wit, 1, 2, 6, 7, 11, 15, and 17, are abandoned in this court. The remaining general grounds are as follows:
The record does not disclose upon which of the 17 grounds the court of criminal correction sustained the motion to quash the tenth section of Ordinance No. 20,808, as follows: ...
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