Spaulding v. Brady
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. (1) Section 12 of Act of April 23,1891, page 177, Session Acts, 1891, is unconstitutional and void, because it is special legislation and violates section 53, of article 4, of the constitution of the state of Missouri.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. (1) Section 12 of Act of April 23,1891, page 177, Session Acts, 1891, is unconstitutional and void, because it is special legislation and violates section 53, of article 4, of the constitution of the state of Missouri. Murnane v. City, 28 S. W. Rep.; State ex rel. v. County Court, 89 Mo. 240; State ex rel. v. Miller, 100 Mo. 450; State ex rel. v. Herman, 75 Mo. 341. (2) If section 12 is constitutional, then the justice is entitled to a salary and all his fees that come into the hands of the constable, for, while section…
1Opinion of the Court
Macfarlane, J. —
This case was submitted to the court upon an agreed statement of facts. Judgment was rendered for defendant by the circuit court and plaintiff appealed. The agreed statement, briefly given, discloses these facts:
Plaintiff was, at the November election, 1894, elected justice of the peace of the fifth district of the city of St. Louis, as created under an act of the general assembly, approved April 23, 1891. See Acts, 1891, page 175. Defendant was elected constable of the same district at the same time. Both of these officers duly qualified. From the twenty-eighth day of…
2Cases cited8 opinions
- State ex rel. Donham v. YancySupreme Court of Missouri · 1894
- Kenefick v. City of St. LouisSupreme Court of Missouri · 1895
- State ex rel. Hughlett v. HughesSupreme Court of Missouri · 1891
- State ex rel. Manning v. HigginsSupreme Court of Missouri · 1894
- State ex rel. Berry v. ShieldsMissouri Court of Appeals · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State ex rel. Hawes v. MasonSupreme Court of Missouri · 1899
- State Ex Inf. Atty. Gen. v. HedrickSupreme Court of Missouri · 1922
- Buzbee v. HuttonSupreme Court of Arkansas · 1932
- State v. DarrahSupreme Court of Missouri · 1899
- Elting v. HickmanSupreme Court of Missouri · 1903
5 more not listed; retrieve them via the Exa API.