Dunne v. Kansas City Cable Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. John W. . Henry, Judge. (1) The constitutionality of an act is to be determined by its operation and not by the mere form it may assume. State ex rel. v. Hermann, 75 Mo. 340. (2) Unless the act is prospective in its operation and embraces within its terms all cities which might in the future have such population it becomes local and special, and must be declared void.
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Appeal from Jackson Circuit Court. — Hon. John W. . Henry, Judge. (1) The constitutionality of an act is to be determined by its operation and not by the mere form it may assume. State ex rel. v. Hermann, 75 Mo. 340. (2) Unless the act is prospective in its operation and embraces within its terms all cities which might in the future have such population it becomes local and special, and must be declared void. State ex rel. v. Hermann, supra; State ex rel. v. County Court, 89 Mo. 237. (3) The act is restricted to all cities which, according to the last preceding national census, have more than…
1Opinion of the CourtMacfarlane, J.
This suit is for damages for personal injuries, and was tried in the circuit court of Jackson county. Before the jury was sworn, defendant’s counsel filed a motion to quash the panel, for this, with other reasons:
“That said-county court had no authority under the laws of the state of Missouri, to draw or select a panel of jurors for the trial of causes in this court, and the pretended authority under which said court acted contrary to the constitution of the state of Missouri, and the judge of this court had no authority, under said laws, to order a panel of jurors to be drawn or selected by…
2Cases cited9 opinions
- State ex rel. Attorney General v. MillerSupreme Court of Missouri · 1890
- State ex rel. Lionberger v. TolleSupreme Court of Missouri · 1880
- State ex rel. Harris v. HerrmannSupreme Court of Missouri · 1882
- Lynch v. MurphySupreme Court of Missouri · 1893
- State ex rel. Dickason v. County CourtSupreme Court of Missouri · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- State v. BarringtonSupreme Court of Missouri · 1906
- Ladd v. HolmesOregon Supreme Court · 1901
- State ex rel. Harvey v. WrightSupreme Court of Missouri · 1913
- Dixon v. StateAlabama Court of Appeals · 1936
- Carson v. SmithSupreme Court of Missouri · 1896
31 more not listed; retrieve them via the Exa API.