Legal Opinion

Ex parte Loving

Supreme Court of Missouri

Decided December 9, 1903PublishedCited by 25 opinions

Habeas Corpus. (1) The Act of March 23, 1903, offends the organic law, in this: It is a “local law,” enacted to partly repeal ‘‘a general law.” “Nor shall the General Assembly indirectly enact such special or local law by the partial repeal of a general law.” Art. 4, sec. 53, Constitution; State v. Buchardt, 145 Mo. 84; Cooley’s Con. Lim.

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Habeas Corpus. (1) The Act of March 23, 1903, offends the organic law, in this: It is a “local law,” enacted to partly repeal ‘‘a general law.” “Nor shall the General Assembly indirectly enact such special or local law by the partial repeal of a general law.” Art. 4, sec. 53, Constitution; State v. Buchardt, 145 Mo. 84; Cooley’s Con. Lim. (6 Ed.), 482; State v. Hill, 147 Mo. 63; State ex rel. v. Pond, 93 Mo. 636; Holden v. James, 11 Mass. 369; Lewis v. Webb, 3 Me. 326; Wally’s Heirs v. Kennedy, 2 Terg. (Tenn.) 544; Woodard v. Brien, 14 Lea (Tenn.) 563; Hatcher v. State, .12 Lea 368. (2) It…

1Opinion of the CourtFox, J.

The facts in the case at bar are practically admitted. The petitioner, James Loving, was-arrested and charged with petit larceny, committed in Jackson county. The petitioner is a boy eight years of age, and was brought before the juvenile court of Jackson county. The ease was.heard by the judge of the juvenile court, who, having heard the facts, found the defendant guilty, and thereupon the following judgment was made and entered of record in the records of said county:

“The State of Missouri v. James Loving.
*200“Now on this day comes the prosecuting attorney of Jackson county, Missouri, and files…

2Cases cited23 opinions

  1. Montclair v. RamsdellSupreme Court of the United States · 1883
  2. Ewing v. HoblitzelleSupreme Court of Missouri · 1884
  3. State ex rel. Hawes v. MasonSupreme Court of Missouri · 1899
  4. State ex rel. Attorney General v. MillerSupreme Court of Missouri · 1890
  5. State ex rel. Lionberger v. TolleSupreme Court of Missouri · 1880

18 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. State ex rel. Buford v. DanielSupreme Court of Florida · 1924
  2. Herndon v. AndersonSupreme Court of Oklahoma · 1933
  3. State Ex Rel. Minot v. GronnaNorth Dakota Supreme Court · 1953
  4. Achenbach v. KincaidIdaho Supreme Court · 1914
  5. State Ex Rel. Fire Dist. of Lemay v. SmithSupreme Court of Missouri · 1945

20 more not listed; retrieve them via the Exa API.

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