City of St. Louis v. Pahl
City of St. Louis v. Pahl
Opinion of the Court
On the twenty-fifth of April, 1888, the following complaint was filed in the second district police court of the city of St. Louis:
“Christian Pahl and Henry Pahl (C. Pahl & Bro.)
To the City of St. Louis, Lr.:
“To $500 for the violation of an ordinance of said city, entitled, ‘An ordinance in revision of the ordinances of the city of St. Louis, and to establish new ordinance provisions for the government of said city;’ being ordinance number 14,000, chapter 14, article 10, sections 418, 419, approved April 12, 1887, ■
“In this, to-wit: In the city of St. Louis, and state of Missouri, on the twenty-first day of April,
“Contrary to the ordinance in such case made and provided. On information of Charles W. Francis, Chief Sanitarian Officer.
“James J. Butleb,
“City Attorney of the City of St. Louis.”
Afterwards, on the thirteenth of June 1888, the defendants were tried in said police court on this complaint before a jury, found guilty and fined $20,
To the action of the court in sustaining the motion to quash, no objection was made, no exceptions taken and no motion "in arrest or for a new trial thereafter made, or bill of exceptions filed; But the record of the court of criminal correction is brought here by writ of error.
By the charter of the city of St. Louis, jurisdiction over all cases arising from a violation of city ordinances is given to the police courts with a right of appeal to the St. Louis court of criminal correction, in which court the case is tried de novo as in case of appeals from justices’ courts. ' Charter, art. 4, sec. 25; 2 Revised Statutes, 1889.
On appeal or writ of error from the court of criminal correction to this court, nothing can be reviewed except the action of that court. The motion to quash and the ruling of the criminal court thereon were matters of exception, and that ruling, not having been questioned or excepted to in the trial court cannot be questioned here. State v. Vincent, 91 Mo. 662; State v. Gee, 79 Mo. 313; Jefferson City v. Opel, 67 Mo. 394; Loudon v. King, 22 Mo. 336; Christy's Adm'r v. Meyers, 21 Mo. 112; United States v. Gamble, 10. Mo. 459; Kohn v. Lucas, 17 Mo. App. 29.
Finding nothing to review on this record, the writ will have to be dismissed, and it is accordingly so ordered.
Reference
- Full Case Name
- The City of St. Louis, in Error v. Pahl
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- Published