State ex rel. Chick v. Davis
Supreme Court of Missouri
Prohibition. (1) The respondent herein was without .jurisdiction to convene or preside over said co.nrt or to take any action or make any order affecting the substantial rights of relator upon said indictment (except to abate the same), founded upon proceedings had and made of record during the November term of said court as of and for the September term thereof, because said September term had expired by operation of law and said November term had lapsed by reason of the…
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Prohibition. (1) The respondent herein was without .jurisdiction to convene or preside over said co.nrt or to take any action or make any order affecting the substantial rights of relator upon said indictment (except to abate the same), founded upon proceedings had and made of record during the November term of said court as of and for the September term thereof, because said September term had expired by operation of law and said November term had lapsed by reason of the failure of the court to convene in the city of Independence on the 5th day of November, 1917, as provided by law, and…
1Opinion of the CourtBlair, J.
Prohibition. The statute (Sec. 4214, R. S. 1909) provides for five terms of the criminal court of Jackson County annually, “three of which *666shall be held in the City. of Kansas . . . and two at the City of Independence.” On November 3, 1917, the September term at Kansas City was adjourned to Monday, November 5, 1917, and continued thenceforward from day to day. November 5, 1917, was the day the statute fixed as the day for beginning the November term at Independence. Relator’s contention is that the arrival of the statutory time for beginning a term at Independence necessarily and, so to…
2Cases cited5 opinions
- Gonzales v. CunninghamSupreme Court of the United States · 1896
- Tucker v. StateCourt of Criminal Appeals of Oklahoma · 1914
- Bidwell v. LoveSupreme Court of Oklahoma · 1908
- State v. PopeMissouri Court of Appeals · 1905
- State v. PearsonSupreme Court of Kansas · 1905
3Cited by6 opinions
- Shenker v. Harr, TreasurerSupreme Court of Pennsylvania · 1938
- State Ex Rel. Barrett v. First National BankSupreme Court of Missouri · 1923
- State Ex Rel. Howard Electric Cooperative v. RineySupreme Court of Missouri · 1973
- State ex rel. Smithco Transport Co. v. Public Service CommissionMissouri Court of Appeals · 1957
- Doe v. St. Louis Community CollegeMissouri Court of Appeals · 2017
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