Lammert v. Lidwell
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. By the constitution, Art. 4, § 1, the legislative power is vested solely in the.General Assembly, and the act of March 20th, 1873, is void, as being a delegation to the people of such legislative power.
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Appeal from St. Louis Circuit Court. I. By the constitution, Art. 4, § 1, the legislative power is vested solely in the.General Assembly, and the act of March 20th, 1873, is void, as being a delegation to the people of such legislative power. (Ex parle "Wall, 48 Cal., 279; State vs. Fields, 17 Mo., 529; Barton vs. Himrod, 8 N. Y., 483; Bank of Rome vs. Tillage of Rome, 18 N. Y., 38; Storm vs. Town of Geneva, 23 N. Y., 439; Thorn vs. Cramer, 15 Barb., 112; Parker vs. Commonwealth, 6 Pa., 507; Commonwealth vs. Tiie Judges, 8 Pa., 391; State vs. Wilcox, 45 Mo., 459; Rice vs. Foster, 4 Harr., 479…
1Opinion of the CourtWagner, Judge
This was an action to recover the possession of twelve head of cattle, the property of plaintiff, alleged to be wrongfully detained by defendant. The defendant, who acted as one of the constables of St. Louis county, justified the taking and detention of the cattle, under and by virtue of an act of the legislature of this State, approved March 20, 1873, entitled “An Act to prevent domestic animals from running at large in those counties which, by a majority vote, may decide to agree thereto” (Sess. Acts 1873, p. 70), and of an act of the legislature, approved April 1st. 1874, entitled, “An…
2Cases cited6 opinions
- City of St. Louis v. AlexanderSupreme Court of Missouri · 1856
- State ex rel. Dome v. WilcoxSupreme Court of Missouri · 1870
- Kayser v. Trustees of BremenSupreme Court of Missouri · 1852
- State ex rel. Read v. WeatherbySupreme Court of Missouri · 1869
- State v. FieldSupreme Court of Missouri · 1853
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3Cited by11 opinions
- In re Incorporation of Village of North MilwaukeeWisconsin Supreme Court · 1896
- Young v. Salt Lake CityUtah Supreme Court · 1902
- Paul v. Town of WalkertonIndiana Supreme Court · 1898
- Milne v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1911
- State ex rel. Maggard v. PondSupreme Court of Missouri · 1887
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