Legal Opinion

State ex rel. Standard Fire Insurance v. Gantt

Supreme Court of Missouri

Decided May 17, 1918PublishedCited by 21 opinions

Prohibition. (1) The title to the Act of 1885', is in conflict with both sections 28 and 34, article 4, of the Constitution, because this title indicates an amendment, whereas the act itself is a repeal.

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Prohibition. (1) The title to the Act of 1885', is in conflict with both sections 28 and 34, article 4, of the Constitution, because this title indicates an amendment, whereas the act itself is a repeal. (2) Sec. 7042, R. S. 1909, assuming it to be constitutional, must be construed in pari materia with the other service statutes, as was done in the dissenting opinion in the case of Julian v. Kansas City Star, 209 Mo. 35, 97, which became the law in the case of Houston v. Pulitzer Company, 249 Mo. 332>, and as was done in the recent case of State ex rel v. Jones, 192 S. W. 980. .There is…

1Opinion of the CourtFaris, J.

This is an original proceeding by prohibition, whereby it is sought to prohibit respondent, as judge of the circuit court of Audrain County, from taking further action in a certain cause wherein the St. Louis Carbonating & Manufacturing Company is plaintiff, and relator herein is defendant.

The facts necessary to an understanding of the points involved are few and simple, and run substantially thus: The said St. Louis Carbonating & Manufacturing Company (hereinafter, for brevity, called “Carbonating Company”) is a Missouri corporation, having its principal office and place of business in the…

Also in this document: Concurrence.

2Cases cited11 opinions

  1. State ex rel. Pacific Mutual Life Insurance v. GrimmSupreme Court of Missouri · 1912
  2. Gold Issue Mining & Milling Co. v. Pennsylvania Fire InsuranceSupreme Court of Missouri · 1916
  3. Meyer v. Phoenix InsuranceSupreme Court of Missouri · 1904
  4. State ex rel. Crouse v. MillsSupreme Court of Missouri · 1910
  5. Stone v. Travelers InsuranceSupreme Court of Missouri · 1883

6 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. State Ex Rel. Columbia National Bank v. DavisSupreme Court of Missouri · 1926
  2. Berry v. Federal Kemper Insurance Co.Missouri Court of Appeals · 1981
  3. Hall v. Wilder Manufacturing Co.Supreme Court of Missouri · 1927
  4. State Ex Rel. Sharp v. KnightMissouri Court of Appeals · 1930
  5. State Ex Rel. Stamm v. MayfieldSupreme Court of Missouri · 1960

16 more not listed; retrieve them via the Exa API.

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