Phillips v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Cooper Circuit Court. — Hon. E. L. Edwards, Judge. (1) Section 2835, Revised Statutes, is in violation of article four, section fifty-three, subdivision seventeen, of the constitution of Missouri, which provides that the general assembly shall not pass any local or special law regulating the jurisdiction of justices of the peace. “A special law is one referring to a selected class.”' Earle n.
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Appeal from Cooper Circuit Court. — Hon. E. L. Edwards, Judge. (1) Section 2835, Revised Statutes, is in violation of article four, section fifty-three, subdivision seventeen, of the constitution of Missouri, which provides that the general assembly shall not pass any local or special law regulating the jurisdiction of justices of the peace. “A special law is one referring to a selected class.”' Earle n. Board of Education, 55 Cal. 489; State ex rel. v. Wilcox, 45 Mo. 465; State v. Hermann, 75 Mo. 340; Cooley’s Const. Lim. 391 ;Bouv. Law Die., Tit. “Special.” It is not too late to raise this…
1Opinion of the CourtNorton, J.
— This action was commenced before a justice to recover double damages under section 809, Revised Statutes, for stock alleged to have been killed by defendant. Judgment was obtained in the justice’s •court, from which defendant apjjealed to the circuit court, where judgment was again rendered for plaintiff, from which an appeal is prosecuted to this court.
It is argued by defendant’s counsel that section 809, Revised Statutes, known as the double damage act, is in contravention both of the federal and state constitutions .and, therefore, void. This question was considered in the cases of…
2Cases cited4 opinions
- Humes v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Barnett v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1878
- State v. AbleSupreme Court of Missouri · 1877
- Spealman v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1880
3Cited by11 opinions
- State v. HameySupreme Court of Missouri · 1902
- State ex rel. McCaffery v. AloeSupreme Court of Missouri · 1899
- State v. WardSupreme Court of Missouri · 1931
- Powell v. SherwoodSupreme Court of Missouri · 1901
- Planned Industrial Expansion Authority v. Southwestern Bell Telephone Co.Supreme Court of Missouri · 1981
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