State ex rel. Nelson v. S. P. Pond Co.
Missouri Court of Appeals
Appeal from Sullivan Circuit Court.- — Eon. John P. Butler, Judge. (1) The statute under which defendant is proceeded against • is highly penal and must be strictly construed against and liberally construed in favor of the defendant. 2 Lewis’ Sutherland on Statutory Construction (2 Ed.), secs. 837, 520-527; Dwarris on Statutes (1 Ed.), pp. 736, 743; State v. Railroad, 19 Mo.
Read the full summary
Appeal from Sullivan Circuit Court.- — Eon. John P. Butler, Judge. (1) The statute under which defendant is proceeded against • is highly penal and must be strictly construed against and liberally construed in favor of the defendant. 2 Lewis’ Sutherland on Statutory Construction (2 Ed.), secs. 837, 520-527; Dwarris on Statutes (1 Ed.), pp. 736, 743; State v. Railroad, 19 Mo. App. 104; Parish v. Railroad, 63 Mo. 284; State v. Bryant, 90 Mo. 537; State v. McChance, 110 Mo. 398, 19 S. W. 648; St. Charles v. Hackman, 133 M'o. 634, 34 S. W. 881; State v. Gritzman, 134 Mo. 512, 36 S. W. 42. (2)…
1Opinion of the CourtEllison, J.
The defendant is a corporation organized under the laws of Iowa. It was charged by the-prosecuting attorney of Sullivan county with violating section 1025 Revised Statutes 1899, in not having filed with the Secretary of State a copy of its charter, etc., as prescribed by that section; and it was alleged that by reason of such violation of the statute, it became “subject to a fine of not less than $1,000,” as provided by section 1026 of such statute. The State’s complaint was filed November 27, 1907. A fine in the amount of $1,000 was assessed against defendant by the trial court and it…
2Cases cited12 opinions
- Coe v. ErrolSupreme Court of the United States · 1886
- United States v. E. C. Knight Co.Supreme Court of the United States · 1895
- Hopkins v. United StatesSupreme Court of the United States · 1898
- Diamond Glue Co. v. United States Glue Co.Supreme Court of the United States · 1903
- Tri-State Amusement Co. v. Forest Park Highlands Amusement Co.Supreme Court of Missouri · 1905
7 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State ex rel. Jones v. Howe Scale Co.Missouri Court of Appeals · 1914