State Ex Rel. Jones v. Howe Scale Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Mon. James E. Withrow, Judge. (1) "Where a statute is unconstitutional, an execution on a fine assessed under it will be quashed, although the judgment had previously been affirmed on appeal. State v. Finley, 187 Mo. App. 72; Same Case, 259 Mo. 414; Same Case, 162 Mo. App. 134; Same Case, 234 Mo. 603; Exp.
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Appeal from the Circuit Court of the City of St. Louis. —Mon. James E. Withrow, Judge. (1) "Where a statute is unconstitutional, an execution on a fine assessed under it will be quashed, although the judgment had previously been affirmed on appeal. State v. Finley, 187 Mo. App. 72; Same Case, 259 Mo. 414; Same Case, 162 Mo. App. 134; Same Case, 234 Mo. 603; Exp. Smith, 135 Mo. 229; Jurisdiction comes from constitution and laws and not from mistaken interpretation, and a judgment entered under an unconstitutional statute is void. Finley v. U. R. Co., 238 Mo. 19. (2) Section 1026, R. S. 1899,…
1Opinion of the CourtBecker, J.
The State of Missouri, at the relation of Seebert G. Jones, Circuit Attorney of the City of St. 'Louis, brought suit against The Howe Seale Company, duly incorporated under the laws of the State of Illinois, to recover a fine of “not less than $1000, as provided by section. 1026, Reyised. Statutes of Missouri, 1899” (now section 3040, Revised Statutes of Missouri, 1,909) because of its alleged failure to comply with the requirements of section 1025 of Act approved March 24, 1903, Laws of Missouri, 1903, page 121 (now section 3039, Revised Statutes of Missouri, 1909), which requires foreign…
2Cases cited6 opinions
- Parker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1869
- People Ex Rel. Warfield v. Sutter Street Railway Co.California Supreme Court · 1900
- Heuring v. WilliamsSupreme Court of Missouri · 1877
- State ex rel. Jones v. Howe Scale Co.Missouri Court of Appeals · 1914
- State ex rel. Jones v. Howe Scale Co.Supreme Court of Missouri · 1913
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3Cited by2 opinions
- Specking v. SpeckingMissouri Court of Appeals · 1975
- Owens v. StateTennessee Supreme Court · 1986