State v. Cobb
Missouri Court of Appeals
Appeal from Ralls Circuit Court. — Eon. David E. E~by? Judge. (1) The court erred in construing the statute so as to require a resident of a city outside of Ralls county* Laving a license from said city, to take out a license in Ralls county. It adopted a construction wbicb would require one using an automobile to take out a license in every county in the State through which he happened to pass.
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Appeal from Ralls Circuit Court. — Eon. David E. E~by? Judge. (1) The court erred in construing the statute so as to require a resident of a city outside of Ralls county* Laving a license from said city, to take out a license in Ralls county. It adopted a construction wbicb would require one using an automobile to take out a license in every county in the State through which he happened to pass. This would require a different number on the vehicle in every county and city, and would entail annoyances that would be prohibitory. Such a result was certainly not contemplated by the law making…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. Defendant’s effort to raise the question of the constitutionality of the law requiring persons and corporations desiring to run automobiles to take out a license, is inef*160fectual for the reason that neither the article or section of the Constitution it is thought the act violates is anywhere pointed out or referred to in defendant’s motions -or brief. [Hulett v. Railway, 145 Mo. 35; Dawson v. Waldheim, 91 Mo. App. 117.]
2. The automobile act was passed in 1903 • (Laws of 1903, p. 162). Section four of the act requires license to be taken out as follows:
“Sec. 4.…
2Cases cited2 opinions
- Hulett v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1898
- Dawson v. WaldheimMissouri Court of Appeals · 1901
3Cited by3 opinions
- City of Sedalia Ex Rel. Ferguson v. Shell Petroleum Corp.Court of Appeals for the Eighth Circuit · 1936
- City of St. Louis v. WilliamsSupreme Court of Missouri · 1911
- People v. Schoepflin, New York County Courts1912