State v. Loomis
Supreme Court of Missouri
Appeal from Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) Sections 7058 and '7060 must be construed together as referable to the same subject-matter and as parts of the same act (Acts, 1885, pp. 83-84), and, being so construed, they are in violation of section 16, article 2 of the constitution of Missouri, which provides: “That imprisonment for debt shall not be allowed except for the non-payment of fines and penalties imposed for violation of law.”
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Appeal from Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) Sections 7058 and '7060 must be construed together as referable to the same subject-matter and as parts of the same act (Acts, 1885, pp. 83-84), and, being so construed, they are in violation of section 16, article 2 of the constitution of Missouri, which provides: “That imprisonment for debt shall not be allowed except for the non-payment of fines and penalties imposed for violation of law.” The act in question is in substance an act authorizing imprisonment for non-payment of debt. State v. Goal é Colee Go., 20 S. W. Rep.…
1Opinion of the CourtBlack, J.
This is an information in two counts, filed by the prosecuting attorney of Macon county against the three defendants engaged in carrying on the business of mining coal in that county. The first count avers that the defendants did unlawfully issue and circulate in payment of wages a certain order, check, etc., payable to P. Daniels otherwise than in money, without being payable at the option of the holder in merchandise or money. The second count states in substance that defendants unlawfully failed tq redeem a certain order, check, etc., issued to P. Daniels in payment for wages, the same…
2Cases cited8 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Missouri Pacific Railway Co. v. HumesSupreme Court of the United States · 1885
- Budd v. New YorkSupreme Court of the United States · 1892
- Somerville's Executors v. HamiltonSupreme Court of the United States · 1819
- State v. GoodwillWest Virginia Supreme Court · 1889
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3Cited by66 opinions
- Ritchie v. PeopleIllinois Supreme Court · 1895
- People Ex Rel. Rodgers v. . ColerNew York Court of Appeals · 1901
- State v. JulowSupreme Court of Missouri · 1895
- Wright v. . HartNew York Court of Appeals · 1905
- Leep v. Railway Co.Supreme Court of Arkansas · 1894
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