Order 0801 Staying Muni

8/14/2019 Order 0801 Staying Muni

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IN TH E 7 TH JUDICIAL CIRCUIT COURT OF MISSOURICOUNTY OF CLAY - DIVISION 2

C lay C oun ty C iCWilliam Duff, ) CASE NO. 07CY-CV06125

Plaintiff, )) ACTION

v. ) FOR TRESPASS, AND) TRESPASS ON THE CASE

OFFICER W ILLIAM FRAZIER, (SERIAL 3092) )AND )

OFFICER ALAN ROTH (SERIAL # 4090) ) VERIFIEDDefendants. )

IN THIS CO URT OF RECORD, TH E COURT taking cognizanceof the facts and law ofthiscase respecting plaintiffs motion for judicial notice, and cognizes the facts and law asfollows;

LAW:1. COURT. The person and suit of the sovereign; the place where the sovereign sojourns

with his regal retinue, wherever thatmay be. [Black'sLaw Dictionary, 5th Edition, page

318.]

2. COURT OF RECORD. To be a court of record a court must havefour characteristics,

and mayhave a fifth.They are:

A. A judicial tribunal having attributesand exercising functions independentlyof theperson of the magistrate designated generallyto hold it [Jones v. Jones, 188Mo.App. 220, 175 S.W.227, 229; Ex parte Gladhill,8 Mete. Mass., 171,perShaw, CJ. See, also, Ledwithv. Rosalsky, 244 N.Y. 406, 155 N.E. 688,689][Black's Law Dictionary, 4th Ed., 425, 426]

B. Proceeding accordingto the course of common law [Jones v. Jones, 188Mo.App.220, 175 S.W. 227, 229;Ex parte Gladhill, 8 Mete. Mass., 171,perShaw, C.J. See, also, Ledwithv. Rosalsky,244 N.Y. 406, 155N.E. 688,689][Black's Law Dictionary, 4thEd., 425, 426]

C. Its acts and judicial proceedingsare enrolled, or recorded, for a perpetualmemory and testimony. [3 Bl. Comm. 24; 3 Steph. Comm. 383; TheThomasFletcher, C.C.Ga., 24 F. 481; Ex parte Thistleton, 52Cal 225; Erwin v. U.S.,D.C.Ga., 37 F. 488, 2 L.R.A. 229;Heininger v. Davis, 96 Ohio St. 205, 117 N.E.229,231]

D. H as power to fine or imprison for contempt. [3 Bl. Comm. 24; 3 Steph. Comm.383; The Thomas Fletcher, C.C.Ga.,24 F. 481; Ex parte Thistleton, 52 Cal 225;Erwin v. U.S., D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heiningerv. Davis, 96 Ohio St.205, 117N.E. 229, 23 l.][Black's Law Dictionary, 4th Ed., 425, 426]


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2. WilliamDuff vs. William Frazier and Alan Roth 07CY-CV06125is a court of record

proceeding accordingto the commonlaw andmeets all the requirementsof same;

3. A conflict exists betweenthe two courts respecting the duties of the judge in one and the

magistrate in the other as well as jurisdictional issues and the law applicab le to this

controversy;

4. The property at controversy, w hetherit be propertyor moneyis the property of William

Duff;

5. The Claim by defendantsseeks to take property belonging to WilliamDuff before he is

heard;

THIS COURT OF RECORD FINDS AS FOLLOWS;

Property belongingto Plaintiff is at the center of this controversy in both actions and defendants

seek to take said property pursuant to itsclaim that is disputed byplaintiff. A property right is

involved. As such, this court possesses superior jurisdiction overthe inferiortraffic court

respecting adjudicationof that property right,to wit;

ORDER

This court of record, being fully informed in this matter; orders as follows;

The traffic court action herein described as;traffic citations S tate Driver License case#224354(4), Valid State License platescase# 2243355(1) and proof of financialresponsibility

case# 2243356(9), being adjudicated in the Municipal Court of Kansas City, Mo in room B

be suspended un til such timeas this court of record, styled as William Duff vs. William Frazier

and Alan Roth 07CY-CV06125, has fully adjudicated the property rights ofplaintiff respecting

the claim broughtby William Frazier and his agents.

Further, the property heretofore taken fromplaintiff on or about June 5, 2007 bydefendant is to

be returned to plaintiff without delay.

PRECEAPE: The Clerk of this court is directed to issue a writ of replevin w ith waiver of

bond and deliver it to the Sheriff of Jackson Coun ty, Missouri or whatever coun ty in


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Missouri wherein the property referenced above is located, without cost or delay to

plaintiff an d that all costs related thereto are to be taxed against defendants, an d that the

property above described be returned to plaintiff at 108 NW 101 Place Kan sas City, Mo

64155 without delay. This order shall be copied and delivered to the Municipal court of

Kansas City, Mo room B

Further, the magistrate,plaintiff, and defendants are invited to each file and serve on allother

interested parties a brief no later than 10 (ten) days after receiptof this order to show causeto

this court why this order should not takeeffect or should be modified and notice of intent to file

said brief mus tbe filedwithin 3 days of receiving this order eitherby email or by fax or by filing

same intothe record of this case. The court, mindful of the rights of the parties and the

importance of fair play, will liberally construethe arguments presented.

IT IS SO ORDERED,

Private Attorney

Cc: W illiam Duff to: [email protected],William Frazier an d Alan Roth to: 1001 NW Barry Rd .Kans as City, MissouriC/O KCMO Police Department- North Division

Seal of the court


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CERTIFICATE OF SERVICE

I hereby certify the forgoing document has been sent to all defendants at 1001 NW Barry rdKCMO c/o Kansas City Police Department - north division

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Order 0801 Staying Muni