Legal Opinion

State v. Madden

Supreme Court of Missouri

Decided April 15, 1884PublishedCited by 3 opinions

Appeal from Ste. Genevieve Circuit Court—Hon. J. D. Eox, Judge. It is not pointed out wherein the section of the statute conflicts with any provision of the State constitution, nor can anything be found in the constitution prohibiting the legislature from enacting such a law. The enactment of such legislation violates none of the inalienable rights of the citizen guaranteed by the bill of rights.

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Appeal from Ste. Genevieve Circuit Court—Hon. J. D. Eox, Judge. It is not pointed out wherein the section of the statute conflicts with any provision of the State constitution, nor can anything be found in the constitution prohibiting the legislature from enacting such a law. The enactment of such legislation violates none of the inalienable rights of the citizen guaranteed by the bill of rights. “ The right to regulate marriage, the age at which persons may enter into that relation, the manner in which the rites may be celebrated, and the persons between whom it may be contracted, has been…

1Opinion of the CourtNorton, J.

At the November term, 1880, of the circuit court of Ste. Genevieve county, defendant was indicted for failing to return a certificate of marriage to the recorder of said county. He was tried, found guilty, and fined $20, and brings the case to this court on appeal, and assigns for error, the action of the trial court in overruling a demurrer to the indictment. The grounds alleged in the demurrer are, that the -facts alleged in the indictment do not charge any offense known to the law, and because the statute upon which the indictment is founded is unconstitutional and void.

Omitting the formal…

2Cases cited2 opinions

  1. State v. JacksonSupreme Court of Missouri · 1883
  2. State v. PierceIndiana Supreme Court · 1860

3Cited by3 opinions

  1. State v. MillerSupreme Court of Missouri · 1887
  2. People v. CramerMichigan Supreme Court · 1929
  3. State v. StockerMissouri Court of Appeals · 1899

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