State ex rel. Kemp v. Hannibal & St. Joseph Railroad
Missouri Court of Appeals
Appeal from Livingston Circuit Court, Hon. James M. Davis, Judge. The case is stated in the opinion. I. This was a civil suit on section 806, Revised Statutes, and so held in this case. State ex rel. «. Railroad, 89 Mo. 571. See plaintiff’s petition, brief, and statement in said case. II. The theory below is the theory that it must be tried on in this court, always so held and so file no authorities. III.
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Appeal from Livingston Circuit Court, Hon. James M. Davis, Judge. The case is stated in the opinion. I. This was a civil suit on section 806, Revised Statutes, and so held in this case. State ex rel. «. Railroad, 89 Mo. 571. See plaintiff’s petition, brief, and statement in said case. II. The theory below is the theory that it must be tried on in this court, always so held and so file no authorities. III. It is not a criminal information as known to the common law for the trial of misdemeanors. Cooley’s Blackstone [3 Ed.] book !3, *160, 162. Express distinction is made between the two…
1Opinion of the CourtEllison, J.
This proceeding was originally instituted by the prosecuting attorney of Livingston county under section 806, Revised Statutes, on the information of John Hudgins. The penalty was recovered against the railway company and appealed to the Supreme Court, where the judgment was affirmed. The case can be found reported in 89 Mo. 571.
In taxing the costs against defendant, the clerk of the circuit court included five dollars as a fee for the prosecuting attorney. . A motion was made to re tax the costs and was sustained as to some items, but overruled as to the item mentioned. The correctness of…
2Cases cited1 opinion
- State ex rel. Kemp v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
3Cited by3 opinions
- State ex rel. C. S. Essex v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1897
- In re GreenMissouri Court of Appeals · 1890
- State ex rel. Ray County v. Chicago, Santa Fe & California Railway Co.Missouri Court of Appeals · 1891