Turner v. Tylee Land & Timber Co.
Supreme Court of Missouri
Appeal from Dunklin Circuit Court.- — Hon. W. S. C. Walker, Judge. The statute upon which plaintiffs alleged cause of action was founded, is unconstitutional in that the title to the legislative act creating said statute does not disclose its true contents. Furthermore, said act is violative of both the Federal and State Constitutions in denying to defendant the equal protection of the laws, and is special and class legislation.
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Appeal from Dunklin Circuit Court.- — Hon. W. S. C. Walker, Judge. The statute upon which plaintiffs alleged cause of action was founded, is unconstitutional in that the title to the legislative act creating said statute does not disclose its true contents. Furthermore, said act is violative of both the Federal and State Constitutions in denying to defendant the equal protection of the laws, and is special and class legislation. Laws 1891, p. 159; Sec. 1, art. 14, Amendments to U. S. Constitution; Secs. 28,53 and 54, art. 4, Constitution of Missouri; Simpson v. Iron Works, 249 Mo. 376;…
1Opinion of the Court
OPINION.
BOND, J.
(After stating the facts as above.) — We cannot take jurisdiction pf this appeal unless some constitutional question was validly raised on the trial and undecided by us at the date of the appeal, since *18the amount in dispute is within the appellate jurisdiction of the St. Louis Court of Appeals, in whose territorial jurisdiction the judgment was rendered. [Dickey v. Holmes, 208 Mo. 664.]
The section of the statute in vogue when the cause of action arose was first enacted in 1891. [Laws 1891, p. 159.] It has been upon the statute books with the slight addition contained in the…
2Cases cited8 opinions
- People Ex Rel. Nechamcus v. Warden of the City PrisonNew York Court of Appeals · 1895
- Lohmeyer v. St. Louis Cordage Co.Supreme Court of Missouri · 1908
- Huss v. Heydt Bakery Co.Supreme Court of Missouri · 1908
- Durant v. Lexington Coal Mining Co.Supreme Court of Missouri · 1888
- People v. SmithMichigan Supreme Court · 1896
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3Cited by5 opinions
- City of Marshfield Ex Rel. Hasten v. BrownSupreme Court of Missouri · 1935
- City of St. Louis v. WashingtonMissouri Court of Appeals · 1949
- City of St. Louis v. SimonMissouri Court of Appeals · 1949
- Turner v. Tyler Land & Timber Co.Missouri Court of Appeals · 1915
- City of St. Louis v. WardMissouri Court of Appeals · 1949