City of Savannah v. Dickey

Missouri Court of Appeals

City of Savannah v. Dickey

33 Mo. App. 522, 1889 Mo. App. LEXIS 21

CourtMissouri Court of Appeals

DecidedFebruary 4, 1889

StatusPublished

Cited by6 cases

This text of 33 Mo. App. 522 (City of Savannah v. Dickey) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Savannah v. Dickey, 33 Mo. App. 522, 1889 Mo. App. LEXIS 21 (Mo. Ct. App. 1889).

Pincite

Opinion

Ellison, J.

Defendant was convicted of committing a nuisance by keeping on premises occupied by him the carcass of a dead mule, contrary to an ordinance of the city of Savannah.

I. Defendant complains that there was no proof or allegation of the incorporation of the city. Such allegation and proof is not necessary. We will take judicial notice that the city of Savannah is a city of the fourth class. R. S., sec. 4931.

II. The next complaint is that the defendant is charged to have “unlawfully kept and maintained the nuisance, when the ordinance on that subject is, whoever shall “wilfully” keep or maintain, etc. This objection will not be considered well taken in a proceeding under a municipal ordinance where the same precision of pleading is not required as under an indictment.

Other objections were made to the proceeding and we have given them due consideration,' but think they

are not well taken. The judgment is affirmed.

All concur. .

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