Legal Opinion

Coffey v. City of Carthage

Supreme Court of Missouri

Decided December 22, 1906PublishedCited by 30 opinions

Appeal from Newton Circuit Court. — Rem. F. C. Johnston, Judge. (1) The act of the General Assembly, approved March 25, 1901, entitled, “An Act in relation to the 25th judicial circuit, dividing' the court into two divisions, providing two judges for the transaction of the business of said court, for tbe appointment of an additional judge and fixing tbe salaries of said judges,” is void so far as it relates to changes of venue, because it violates article 4, section 28, of…

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Appeal from Newton Circuit Court. — Rem. F. C. Johnston, Judge. (1) The act of the General Assembly, approved March 25, 1901, entitled, “An Act in relation to the 25th judicial circuit, dividing' the court into two divisions, providing two judges for the transaction of the business of said court, for tbe appointment of an additional judge and fixing tbe salaries of said judges,” is void so far as it relates to changes of venue, because it violates article 4, section 28, of Constitution, providing that no law “shall relate to more than one subject, and that shall be expressed in its title. ’ ’…

1Opinion of the CourtBurgess, P. J.

This case was before this court on a former appeal by the plaintiff and will be found reported in 186 Mo. 573, wherein a full and fair statement of the salient facts may be found. The judgment was reversed and the cause remanded. Thereafter plaintiff presented an application for a change of venue based upon the grounds that she could not have a fair and impartial trial before the judge of the division of the court in which the cause was then pending, on account of the prejudice of said jndge, and also alleging that she could not have a fair and impartial trial in the other division of said…

2Cases cited21 opinions

  1. Ewing v. HoblitzelleSupreme Court of Missouri · 1884
  2. State ex rel. Attorney General v. MeadSupreme Court of Missouri · 1879
  3. Lynch v. MurphySupreme Court of Missouri · 1893
  4. Ely v. City of St. LouisSupreme Court of Missouri · 1904
  5. State v. BennettSupreme Court of Missouri · 1890

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3Cited by30 opinions

  1. State ex rel. Applegate v. TaylorSupreme Court of Missouri · 1909
  2. Spotts v. SpottsSupreme Court of Missouri · 1932
  3. State Ex Inf. Atty. Gen. v. HedrickSupreme Court of Missouri · 1922
  4. Graves v. PurcellSupreme Court of Missouri · 1935
  5. State ex rel. Tolerton v. GordonSupreme Court of Missouri · 1911

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