State v. Chicago, Burlington & Quincy Railroad
Supreme Court of Missouri
Appeal from Worth. Circuit Court. — Eon. Wm. G. Ellison, Judge. (1) The law does not require the running of trains on Sunday, because Sunday is not specifically named, and the words “every day” do not include Sunday for following reasons: (a) In computing time, Sunday is not counted as a day in legal proceedings. State v. May, 142 Mo. 149'; Jordan v. Railway, 92 Mo.
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Appeal from Worth. Circuit Court. — Eon. Wm. G. Ellison, Judge. (1) The law does not require the running of trains on Sunday, because Sunday is not specifically named, and the words “every day” do not include Sunday for following reasons: (a) In computing time, Sunday is not counted as a day in legal proceedings. State v. May, 142 Mo. 149'; Jordan v. Railway, 92 Mo. App. 85. (b) It is the policy of our law to consider Sunday as excluded in computing time, as the statute on that subject (Sec. 4160) provides that “if the last day he Sunday, it shall he excluded.” (c) If it had been intended to…
1Opinion of the Court
JAMES S. BOTSFORD, Special Judge.
— This cause comes by appeal from the Worth Circuit Court. At the hearing here, one of the judges of this court, having been of counsel, did not sit, and the remaining six judges being equally divided in opinion, the special judge in the case was appointed. [Const, of Mo., article 6, section 11.] The cause is resubmitted by the parties to the court thus constituted. The suit originated by a *208criminal information to recover a fine for the violation of a statute which was enacted in 1907 (Laws 1907, p. 180), and reads as follows:
“Be it enacted by the General…
2Cases cited47 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Missouri Pacific Railway Co. v. HumesSupreme Court of the United States · 1885
- Atlantic Coast Line R. Co. v. North Carolina Corporation Comm'nSupreme Court of the United States · 1907
- Hennington v. GeorgiaSupreme Court of the United States · 1896
- Lake Shore & Michigan Southern Railway Co. v. OhioSupreme Court of the United States · 1899
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3Cited by20 opinions
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- State v. Katz Drug CompanySupreme Court of Missouri · 1961
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