Legal Opinion

Connell v. Western Union Telegraph Co.

Supreme Court of Missouri

Decided October 15, 1891PublishedCited by 20 opinions

Error to Pettis Circuit Court. — Hon. Richard Field, Judge. (1) An act which is penal by law is rendered so solely because the law of the jilace of its commission so provides, and such. law has no force beyond the territorial jurisdiction of the political power making it. The sending of this message contemplated the doing of acts beyond the jurisdiction of Missouri, and, hence, the failure to do such acts cannot be penal under the Statutes of Missouri.

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Error to Pettis Circuit Court. — Hon. Richard Field, Judge. (1) An act which is penal by law is rendered so solely because the law of the jilace of its commission so provides, and such. law has no force beyond the territorial jurisdiction of the political power making it. The sending of this message contemplated the doing of acts beyond the jurisdiction of Missouri, and, hence, the failure to do such acts cannot be penal under the Statutes of Missouri. Sedgwick on Construction, of Statutes & Constitutional Law [2 Ed.] p. 64; Endlich on the Interpretation of Statutes, sec. 169 ; Rorer on…

1Opinion of the CourtBrace, J.

This cause is certified here from the Kansas City court of appeals as involving a constitutional question. The error complained of is the *461judgment of the circuit court of Pettis county, sustaining a general demurrer to the petition, which is as follows:

“Plaintiff for cause of action states, that she is a resident of the city of Sedalia, Missouri, and that the defendant is a corporation organized and incorporated under the laws of the state of Missouri, and engaged in the business of transmitting and delivering telegraphic messages from said city of Sedalia to, other cities and towns in this…

2Cases cited2 opinions

  1. Western Union Telegraph Co. v. PendletonSupreme Court of the United States · 1887
  2. Burnett v. Western Union Telegraph Co.Missouri Court of Appeals · 1890

3Cited by20 opinions

  1. Strottman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1908
  2. Rixke v. Western Union Telegraph Co.Missouri Court of Appeals · 1902
  3. State ex informatione Crow v. BlandSupreme Court of Missouri · 1898
  4. Moore v. Western Union Telegraph Co.Missouri Court of Appeals · 1912
  5. Eddington v. Western Union Telegraph Co.Missouri Court of Appeals · 1905

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