Spencer v. Metropolitan Street Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. Sloyer, Judge. (1) The court erred in overruling defendant’s motion to quash the panel of jurors because there had been no jury commissioner appointed as required by laws of 1879, pp. 28 et seq.;2Ii,. S. 1879, pp. 1519 et seq. This act applies to Kansas City. State ex rel. v. Hope, 88 Mo. 430, and sec. 28 of. said act. The act can not be said to be unconstitutional because all the jurors must be taken from the city.
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Appeal from Jackson Circuit Court. — Hon. J. H. Sloyer, Judge. (1) The court erred in overruling defendant’s motion to quash the panel of jurors because there had been no jury commissioner appointed as required by laws of 1879, pp. 28 et seq.;2Ii,. S. 1879, pp. 1519 et seq. This act applies to Kansas City. State ex rel. v. Hope, 88 Mo. 430, and sec. 28 of. said act. The act can not be said to be unconstitutional because all the jurors must be taken from the city. State v. Trimble, 2 O. G-r. (Iowa) 404; Colt v. Coes, 12 Conn. 243. It was proper practice at common law to take the jury from a…
1Opinion of the CourtBurgess, J.
This was an action for damages to an abutting lot owner alleged to have' been caused by building the Twelfth street viaduct and cable railway line. There was a trial by jury and a verdict in favor of plaintiffs for $800. After unsuccessful motion for new trial, the case was appealed to the Kansas City court of appeals, and from that court certified to this court upon the ground that a constitutional question is involved.
Catherine Spencer was the owner of lots 5 and 6 in block 57, Turner & Company’s addition to Kansas City. The lots were in what were known as short blocks, being bounded on the…
2Cases cited15 opinions
- Chicago v. TaylorSupreme Court of the United States · 1888
- Householder v. City of KansasSupreme Court of Missouri · 1884
- Lackland v. North Missouri RailroadSupreme Court of Missouri · 1860
- Chicago, Sante Fe & California Railway Co. v. McGrewSupreme Court of Missouri · 1891
- Sheehy v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1887
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3Cited by22 opinions
- Hickman v. City of KansasSupreme Court of Missouri · 1894
- City of Pueblo v. StraitSupreme Court of Colorado · 1894
- Dickerman v. City of DuluthSupreme Court of Minnesota · 1903
- DeGeofroy v. Merchants Bridge Terminal Railway Co.Supreme Court of Missouri · 1904
- Thayer-Moore Brokerage Co. v. CampbellMissouri Court of Appeals · 1912
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