Cox v. City of St. Louis

• Decision Date: 31 March 1848
• Parties: COX v. THE CITY OF ST. LOUIS.
• Court: Missouri Supreme Court

11 Mo. 431

COX

v.THE CITY OF ST. LOUIS.

Supreme Court of Missouri.

March Term, 1848.

APPEAL FROM ST. LOUIS CRIMINAL COURT.

This was an action of debt commenced by the City of St. Louis on the 23rd day of July, 1847, in the Recorder's Court of the City of St. Louis, to recover the sum of five dollars for violating an ordinance prohibiting the use of water from the water-works without a license. The summons issued on the 23rd of July, and was made returnable forthwith. It was returned on the 26th, with this entry, “Executed the within by leaving a true copy of the within at the residence of Isaac Cox in the City of St. Louis, this 24th day of July, 1847. C. H. JENNINGS, City Marshal.” On the day the summons was returned, to-wit: the 26th July, a judgment by default was rendered by the recorder against defendant for five dollars. On the 27th July, 1847, the next day, the defendant made a motion in writing before the recorder to set aside the judgment by default, which motion the recorder overruled, and the defendant appealed to the Criminal Court. At the next term of the Criminal Court, defendant filed his motion to dismiss the proceedings. This motion was sustained and the cause dismissed. Afterwards, during the same term, the city, by her attorney, filed a motion to set aside the order of dismissal and reinstate the cause, which motion the court also sustained, and the cause was continued to the next November term, when the defendant filed another motion to dismiss the proceedings had before the recorder. [This motion was filed by leave of the court, at the November term, to enable defendant to except to the decision of the court.] This motion was overruled, and the defendant at the time excepted. The defendant then withdrew from the cause and a jury was impanneled, who found a verdict against defendant for $30, and a judgment was rendered accordingly.

Afterwards, on the 29th November, defendant filed a motion to quash, set aside and annul the judgment of the Criminal Court, and to set aside all the proceedings had in the cause, before the recorder and the Criminal Court, because--1. There was no legal service or return of the summons before the recorder. 2. The defendant was never brought into the court below, and the recorder had no jurisdiction of his person, or of the cause. 3. The Criminal Court had not jurisdiction of the defendant or of the cause for purposes of trial. 4. The rendition of said judgment was void and against law, and all the proceedings in the cause were null and void. 5. For other defects in the proceedings and judgment.

Defendant also at same time moved the court to set aside the verdict and judgment of the...