State ex rel. Donham v. Yancy
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. Neville, Judge. James T. (1) The act of the legislature under which respondent holds is in conflict with sections 53 and 54, article 4, constitution of Missouri, prohibiting local and special legislation. First. The act creating the criminal court of Greene county, though valid, was special and local.
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Appeal from Greene Circuit Court. — Hon. Neville, Judge. James T. (1) The act of the legislature under which respondent holds is in conflict with sections 53 and 54, article 4, constitution of Missouri, prohibiting local and special legislation. First. The act creating the criminal court of Greene county, though valid, was special and local. Under the provisions of section 27, article 4, of the constitution of Missouri, 1865, similar acts were held to be local and special, but sustained upon the ground that the legislature was the sole judge as to whether a general law would apply. State v.…
1Opinion of the CourtBurgess, J.
— This is a proceeding in the nature of a quo warranto begun in the circuit court of G-reene county, Missouri.
*398By an act of the general assembly of the state, approved, April 26, 1889, a criminal court was established in said county. The title of the act is as follows: “An act to establish a criminal court in Greene county, and to provide for the appointment and election of the judge thereof, fixing his compensation, and to define the powers and jurisdiction of said court.”
By section 12, of said act it is provided that “the clerk of the circuit court of said Greene county shall also act as and…
2Cases cited12 opinions
- Ewing v. HoblitzelleSupreme Court of Missouri · 1884
- Lynch v. MurphySupreme Court of Missouri · 1893
- State v. OrrickSupreme Court of Missouri · 1891
- State v. AddingtonSupreme Court of Missouri · 1882
- State ex rel. Aull v. FieldSupreme Court of Missouri · 1894
7 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Chickasha Cotton Oil Co. v. Lamb & TynerSupreme Court of Oklahoma · 1911
- State Ex Inf. Atty. Gen. v. HedrickSupreme Court of Missouri · 1922
- Leatherock v. LawterSupreme Court of Oklahoma · 1915
- Littleton v. BlantonSupreme Court of Arkansas · 1984
- State ex rel. Board of Commissioners v. ClausenWashington Supreme Court · 1917
22 more not listed; retrieve them via the Exa API.