Legal Opinion

State v. Kelsey

Supreme Court of Missouri

Decided October 15, 1886PublishedCited by 8 opinions

Appeal from Cooper Circuit Court. — Hon. E. L. Edwards, Judge. . • ■ - A private banker is not included within the provisions of Revised Statutes, 1879, section 1350. Section 27, article 12, of the constitution, only applies to.officers of incorporated banks.

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Appeal from Cooper Circuit Court. — Hon. E. L. Edwards, Judge. . • ■ - A private banker is not included within the provisions of Revised Statutes, 1879, section 1350. Section 27, article 12, of the constitution, only applies to.officers of incorporated banks. Said article 12 is entitled “ corporations” and every section in it has reference to some class of corporations (R. S., sec. 1350, supra), and upon which the indictment was drawn, was enacted to carry into effect the provisions of the constitution and must be held to include only the same class of persons. State ex reí. v. Ciarle, 54 Mo.…

1Opinion of the CourtNorton, J.

The indictment in this case was found by the grand jury of Morgan county, and is based on section 1350, Revised Statutes. On the trial of the cause in the Cooper county circuit court, where the cause had been transferred by change of venue, defendant was convicted, and the cause is before us on his appeal.

It appears from the record, and the fact is conceded by the Attorney General, that defendant was the owner of and conducting a. private bank in the town of Versailles, Morgan county, under the name of J. B. Kelsey & Company, and it is claimed and insisted upon by counsel for defendant that…

2Cases cited6 opinions

  1. Fusz v. SpaunhorstSupreme Court of Missouri · 1878
  2. State v. PembertonSupreme Court of Missouri · 1860
  3. McNichol v. United States Mercantile Reporting AgencySupreme Court of Missouri · 1881
  4. Schricker v. RidingsSupreme Court of Missouri · 1877
  5. State v. PittsSupreme Court of Missouri · 1872

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

3Cited by8 opinions

  1. State v. SattleySupreme Court of Missouri · 1895
  2. State v. DarrahSupreme Court of Missouri · 1899
  3. State v. ReidSupreme Court of Missouri · 1894
  4. Harr, SEC. of Bkg. v. BoucherSuperior Court of Pennsylvania · 1940
  5. In re WisnerMontana Supreme Court · 1907

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

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