State ex rel. Troll v. Brown
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Pembrook R. Elitcrapt, Judge.. The circuit court is only one court, though composed of seven judges, each sitting separately “for the trial of causes and the transaction of business in special term.” Const. Mo., art. 6, sec. 27. See, also, R. S. 1889, p. 2145, sec. 1; Haehl v. R'y, 119 Mo. 337. It is the duty of the sheriff of St. Louis to attend the St. Louis circuit court.
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Appeal from the St. Louis City Circuit Court. — Hon. Pembrook R. Elitcrapt, Judge.. The circuit court is only one court, though composed of seven judges, each sitting separately “for the trial of causes and the transaction of business in special term.” Const. Mo., art. 6, sec. 27. See, also, R. S. 1889, p. 2145, sec. 1; Haehl v. R'y, 119 Mo. 337. It is the duty of the sheriff of St. Louis to attend the St. Louis circuit court. R. S. 1889, p. 2158, sec. 4. As to compensation of sheriff, see R. S. 1889, sec. 4989; Crouch v. Plumber, 17 Mo. 420. An officer claiming fees must point to the…
1ConcurrenceBiggs, J.
(concurring). — There is a clear distinction between the attempted exercise of an unlawful jurisdiction and the erroneous exercise of a lawful one. * * * Thus in the case at bar, if the statute had imposed on the relator the duty of attending the circuit court of the city of St. Louis, and had failed to provide any compensation therefor, and the circuit judges in general term had nevertheless made an allowance for such services, that would have been an assumption of an umlawful jurisdiction, and hence the allowance would have been a nullity. If such had been the case, the appellant would have…
2Cases cited6 opinions
- State ex rel. Hopkins v. Justices of Buchanan County CourtSupreme Court of Missouri · 1867
- State ex rel. Brown v. HolladaySupreme Court of Missouri · 1879
- State ex rel. Jacobi v. HeegeMissouri Court of Appeals · 1890
- Crouch v. PlummerSupreme Court of Missouri · 1853
- State ex rel. Allen v. WalkerSupreme Court of Missouri · 1883
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