Legal Opinion · Dissent

State ex rel. North & South Railway Co. v. Meier

Missouri Court of Appeals

Decided December 21, 1897Published

Appeal from the St. Louis City Circuit Court. — Hon. Leroy Y. Yalliant, Judge.

1DissentBiggs, J.

(dissenting). — The theory of our government, both state and national, is, that the three co-ordinate branches thereof, viz., the judicial, legislative and executive, are supreme within their respective constitutional limits. In practice this is only true in a measure, for the courts may declare a law to be unconstitutional or set it aside because in its passage the requirements of the organic law were not observed. But this is the limit of the jurisdiction as to matters pertaining to the legislative branch of the government. Hence, in my opinion, it is without the jurisdiction of the court…

2Cases cited11 opinions

  1. People ex rel. Harless v. HatchIllinois Supreme Court · 1863
  2. State ex rel. Robb v. StoneSupreme Court of Missouri · 1894
  3. Collins v. State ex rel. MorrisonIndiana Supreme Court · 1856
  4. State ex rel. Thomas v. WilliamsSupreme Court of Missouri · 1889
  5. Ex parte EcholsSupreme Court of Alabama · 1866

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