Burnetta v. Marceline Coal Co.
Supreme Court of Missouri
Appeal from Linn Cirenit Court. — Hon. Jno. P. Butler, Judge. The result of this case depends entirely upon the force and effect given to section 8791, Revised Statutes 1899. (1) Respondent was entitled to recover without regard to the fortunes of section 8791, Revised Statutes 1899, and would be entitled to judgment in the total absence of such an enactment.
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Appeal from Linn Cirenit Court. — Hon. Jno. P. Butler, Judge. The result of this case depends entirely upon the force and effect given to section 8791, Revised Statutes 1899. (1) Respondent was entitled to recover without regard to the fortunes of section 8791, Revised Statutes 1899, and would be entitled to judgment in the total absence of such an enactment. (2) All the provisions of section 8791, Revised Statutes 1899, may be reconciled with each other; the enactment is clearly within the limit of power placed upon the Legislature by the Constitution, and should be sustained.
1Opinion of the CourtFox, J.
This suit was begun on June 16, 1900, before J. T. Laird, a justice of the peace of Marceiine *243township, Linn county, Missouri, upon the following account which was filed with the justice:
“George Burnetta.
Amt. due per bill rendered........$21.57 ]
Wages at $2.00 per day, 7 days.. 14.00
Total........................$37.57”
Plaintiff, in his suit before the justice of the peace, filed a statement of his cause of action in two separate counts. Upon appeal to the circuit court, his claim upon the second count was stricken out by the court; hence, it is only necessary, to a full comprehension of the…
2Cases cited3 opinions
- State ex rel. Mulholland v. SmithSupreme Court of Missouri · 1897
- Richmond v. JudyMissouri Court of Appeals · 1879
- State ex rel. O'Briant v. Keokuk & Western RailroadSupreme Court of Missouri · 1903
3Cited by18 opinions
- Yazoo M.V.R. Co. v. SideboardMississippi Supreme Court · 1931
- Rentschler v. Missouri Pacific RailroadNebraska Supreme Court · 1934
- Hudson v. Cincinnati, New Orleans & Texas Pacific RailwayCourt of Appeals of Kentucky · 1913
- State Ex Rel. State Board of Mediation v. PiggSupreme Court of Missouri · 1951
- Baron v. KurnSupreme Court of Missouri · 1942
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