Legal Opinion

In re Letcher

Supreme Court of Missouri

Decided December 4, 1916PublishedCited by 9 opinions

Citation for Contempt. (1) All constitutional courts have the inherent power to punish for contempt, such power being derived from the very nature of their organization and essential to their existence and the administration of justice. 7 Am. & Eng. Ency. Law (2 Ed.), p. 30; State ex inf. v. Shepherd, 177 Mo. 205; In re Clark, 20 Mo. 121; Breeder v. Bambrick, 162 Mo.

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Citation for Contempt. (1) All constitutional courts have the inherent power to punish for contempt, such power being derived from the very nature of their organization and essential to their existence and the administration of justice. 7 Am. & Eng. Ency. Law (2 Ed.), p. 30; State ex inf. v. Shepherd, 177 Mo. 205; In re Clark, 20 Mo. 121; Breeder v. Bambrick, 162 Mo. App. 528; In re Ellison, 256 Mo. 378. (2) The case before the court is one of constructive, criminal contempt. In re Clark, 208 Mo. 121; Cooper v. People, 22 Pac. 800 ; 7 Am. & Eng. Ency. Law, pp. 28, 29. (3) Respondent is…

1Opinion of the CourtFaris, J.

This is an original proceeding bottomed upon a citation for contempt, and now here at issue *143upon a motion for judgment upon the pleadings. For an understanding of the questions which we find it necessary to discuss, we must needs go back to the foundations of the case:

At a time prior to the 17th day of May, 1915 (on which day an affidavit as provided by section 10409, Revised Statutes 1909, was in our April term, 1915, lodged with our Chief Justice), one Isaac A. Letcher was collector of the revenue of Washington County. His term expired on the 4th day of March, 1915, and his successor, one…

2Cases cited8 opinions

  1. Ex Parte SieboldSupreme Court of the United States · 1880
  2. In Re AyersSupreme Court of the United States · 1887
  3. Hovey v. ElliottSupreme Court of the United States · 1897
  4. Ex Parte WallSupreme Court of the United States · 1883
  5. Ex Parte FISKSupreme Court of the United States · 1885

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3Cited by9 opinions

  1. Ex Parte Hernreich v. QuinnSupreme Court of Missouri · 1943
  2. State Ex Rel. Hyde v. WesthuesSupreme Court of Missouri · 1927
  3. McGregory v. GaskillSupreme Court of Missouri · 1927
  4. State Ex Rel. Rucker v. HoffmanSupreme Court of Missouri · 1926
  5. Trickett v. Kaw Valley Drainage Dist. of Wyandotte County, Kan.Court of Appeals for the Eighth Circuit · 1928

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