City of St. Louis v. Smith
| Decision Date | 31 March 1847 |
| Parties | CITY OF ST. LOUIS v. JOHN SMITH. |
| Court | Missouri Supreme Court |
ERROR TO ST. LOUIS CRIMINAL COURT.
CARROLL, for Plaintiff.
PRIMM, for Defendant.
The City of St. Louis brought her action of debt before the recorder of said city, against the defendant, on the following complaint:
“STATE OF MISSOURI, City of St. Louis, A. D. 1846.
To one hundred dollars, for this, to-wit: he, the said Smith, was, in the city of St. Louis, on and between the 1st day of January, eighteen hundred and forty-six, and the 20th day of April, eighteen hundred and forty-six, guilty of a breach and violation of an ordinance of the said city of St. Louis, entitled
The defendant, having been arrested by the marshal, was admitted to bail for his appearance before the recorder to answer the complaint. On the 20th of April the defendant appeared, and a trial was had before the recorder, who, after hearing the evidence assessed a fine of twenty-five dollars against the defendant, and entered judgment therefor; whereupon the defendant prayed and obtained an appeal from the said judgment to the Criminal Court of St. Louis county.
In the Criminal Court the defendant moved the said court to dismiss the cause, for the reason that the charge against him was insufficient and defective; which motion the court sustained, and dismissed the cause, entering judgment against the city for the costs that had accrued. Thereupon the city attorney filed his motion to set aside the said judgment, for the reason, first, the judgment of the court, in rendering said judgment, was against law; second, the offense with which the...
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